Divorce Guide

Divorce Guide

Getting Indiana Divorce

Divorce is stressful and it further increases, if children are associated with it. To reduce the stress, divorcing couples are advised to cooperate with each other. Like every other state, Indiana also has specific rules and guidelines for divorce. Getting Indiana divorce becomes simple if spouses undergo an uncontested divorce.

Residential Requirements

To get a divorce in Indiana, one must fulfill the residential requirements. One of the couples must have resided in the state for at least 6 months and the county where the petition is filed for not less than 3 months prior to filing for divorce.

Grounds for Divorce in Indiana

The state offers both fault and no-fault divorce. Irretrievable breakdown of marriage is the only ground for no-fault divorce in Indiana. Here neither of the parties has to prove the wrongdoing of the other. The process is fast and the associated paperwork is easy.

Getting Indiana divorce has become easy with Indiana’s court website. You can download the required forms in the PDF format. Instructions and guidelines are provided to fill such forms. After meeting the basic requirements, you can file the papers in the court for your divorce.

Filing of Divorce Papers

  • The residency requirements must be met to file for divorce
  • Forms can be downloaded from the Indiana Court’s website. These forms are present in packets and different form packets are available for different types of divorce. The site asks certain questions such as whether both of you are in agreement on the terms of divorce and whether you have children, to determine the appropriate forms for your case. You can also get the forms from your country clerk’s office.
  • Complete the forms according to the instructions specified.
  • A Petition for Dissolution of Marriage should be filed with the county’s Civil Court clerk’s office. This document specifies the parties involved in divorce and also states the reason for divorce.
  • Pay the filing fee to the country clerk where you are filing for divorce. The amount varies with the states. After the fee is paid, your case is presented to the judge for review by the clerk.
  • If you and your spouse are undergoing an uncontested divorce, then you must present a “Settlement Agreement” to the court. This agreement stipulates that the divorcing couples have agreed on divorcing issues such as division of assets and debts, alimony and spousal support.
  • If children are involved in your case, present a Parenting Plan to the court. This plan presents that the spouses have agreed on issues of child custody, child support and visitation. This is beneficial for both parents and children.
  • In Indiana, there is a cooling off period of six months. This means that after filing all the divorce papers, couples have to wait for six months to get their divorce finalized. The judge provides the Decree of Dissolution of Marriage which states that the marriage is officially dissolved.

You can file the papers on your own if your divorce is uncontested. A mutual understanding between both the parties reduces the stress and pain in getting Indiana divorce. Moreover, you can save a lot as there is no need of hiring a lawyer.

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