Divorce Guide

Divorce Guide

Uncontested Divorce in Indiana

A person applying for uncontested divorce in Indiana must meet the residential requirements of the state. These requirements differ according to states. Indiana residency requirement is that one of the spouses has been a resident of this state for minimum 6 months. One of them should be a resident of the county where they reside for minimum 3 months before filing. The divorcing wife must not be pregnant.

In this state, there is a single ground for uncontested divorce which is irretrievable breakdown of marriage. Both the spouses would have to prepare a Marital Settlement Agreement. In this agreement, following things have to be described:

  • Child custody
  • Marital assets
  • Liabilities
  • Division of property
  • Tax returns

Papers Related to Uncontested Divorce in Indiana

The following papers are required to begin the divorce proceedings:

  • Verified Petition for Dissolution of marriage
  • A Marital Settlement Agreement
  • An appearance form
  • A Summons form
  • A Notice of Provisional Hearing is required if the divorcing couple has any minor children.

The above mentioned documents are filed with the court clerk at the local court. It is suggested that the divorcing couples carry 2 additional copies with the original form and a stamped addressed envelope for the divorcing couples.

Service of the Forms

The respondent is served the summons and petition package in one of the following 3 ways:

  • Court clerk’s certified mail
  • An uninterested individual’s personal service (an individual who is unrelated to the divorce procedure is chosen)
  • Sheriff’s personal service

After serving the respondent, the ‘Return of Service’ section of the Summons form is completed by the server and filed with the court or posted to the petitioner.

Procedure, if Minor Children are Involved

This step is applicable if minor children are involved. Consider that the forms have been filed and submitted in the court and they are served to the Respondent. Then, the divorcing couple gets a “Notice of Provisional Hearing” that associates them of a Provisional Hearing.

Both the parties must be present for this hearing along with the following documents:

  • A Post-Secondary Education Worksheet (if the children are in post-secondary school)
  • A parenting time worksheet
  • A temporary order
  • A child support worksheet
  • A financial declaration (if the court demands)

At this provisional hearing, orders that are relevant to child care are issued by the judges. These orders have to be followed until the finalization of divorce.

Finalization of Divorce

As per the law in this state, for an uncontested divorce in Indiana, a sixty day waiting period is essential. This is calculated from the date the petition was filed and finalization of the divorce. The following completed forms are required for the final hearing:

  • A Decree of Dissolution of Marriage form
  • A Verified Waiver of Final Hearing form

It is advisable to be ready with 4 copies of the above 2 forms – one each for the divorcing partners and one for the court and judge each. The divorcing couples should submit 2 stamped addressed envelopes while filing these forms. Copy of the final decree is mailed to the divorcing partners after approval of the petition for divorce.

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