Divorce Guide

Divorce Guide


Getting divorce in Indiana


Filing for divorce in Indiana is never easy for the spouses involved. Getting a divorce in Indiana is become more complicated when you cannot afford a lawyer due to financial conditions. So it is beneficial if both spouses successfully find common ground when it comes to settling marital property division issue, child custody and support. If you cannot have enough money for filing the divorce and court costs associated with the divorce process, you may be apply to court to have the court waive to lessen the trouble.

Important steps for getting a divorce in Indiana:

  • Indiana State law does not need married couple to show the fault of the other party to claim divorce. You can get divorce in Indiana if one or more of the following grounds are involved.
  • Marriage is broken down beyond repair
  • One is involved in criminal act during the marriage.
  • Impotency
  • If one suffering with permanent mental illness for at least two years.
  • To file divorce in Indiana you must have resided in state of Indiana for at least six months, and in the county of three months before filing.
  • If the husband or wife has faced abuse by the other, then they can file for temporary restraining order against the other spouse before getting the divorce.
  • For getting a divorce in Indiana the court’s judgment is based on the welfare of the child. Some other issues considered are: the child’s bonding with the parent, bonding with the siblings, the child’s educational progress, health and social requirements.
  • The amount of child support to be rewarded to the custodial parent is calculated by using the income of both the parents.
  • Indiana law divides the property equally .However, courts may decide to grant one spouse more of the marital assets, depending on some important factors. These are as follow.
  • The contribution each spouse made to the property earning.
  • If the property was earned before marriage.
  • Earning of property as a gift or inheritance.
  • The economic situation of each spouse
  • The current income and earning capacity of each spouse.

The court may grant the family home to the spouse with physical custody of children.

Steps for getting a divorce:

  • File the petition and pay the proper fee. It is nearly 132 – 152 US dollars, as of March 2010.
  • Take the originals and two copies to the state court in the county in which either you or spouse have resided for at least the last three months.
  • The clerk will give the case number and stamp the documents with a filing date.
  • Mail a stamped copy of the documents to your spouse's lawyer.
  • Attend the short-term hearing in the court. But if you and your spouse agree on the terms of the divorce, there is no need for a short-term hearing.
  • At the end of the process court will sign the decree of divorce which means that the divorce process is completed.

This guideline will defiantly help you to know the important issues regarding divorce.


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