Getting a divorce is never easy, as anyone who has experienced on can tell you. Even if everything goes smoothly ending a marriage is still stressful. Just how complicated your divorce is will depend on many factors. Fortunately, getting a divorce in Indiana can be fairly straightforward. If you and your spouse are in agreement on the need to divorce and what to will do with your property and children, you might qualify to do so without a lawyer. If this is the case, you simply need to fill out the correct divorce papers and submit them to the county clerk where you or your spouse reside.
CompleteCase.com’s online divorce paper preparation service make this process even easier, allowing you to fill out the right divorce documents for your situation and ensuring that those documents are completed correctly.
The following information explains the basics of divorce in Indiana. This information should help you understand the process, and how you can begin to move forward with your own divorce.
The Centers for Disease Control (CDC) collects and publishes divorce rates for states in the U.S., but it does not have data for Indiana. Although most states provide divorce data to the CDC, there are a few that do not due to state laws.
Many divorces in Indiana are considered “no-fault”, which means that the divorcing couple do not need to prove specific grounds for the divorce – such as adultery or extreme cruelty. Indiana does offer three grounds for a fault-based divorce; impotence, insanity and felony conviction, but it is rare for people to seek a fault-based divorce. A no-fault divorce is less expensive, faster and avoids the need to expose potentially embarrassing information to the court.
The residency requirement for divorce in Indiana is six months. Either you or your spouse must meet this requirement for in order to file, but whomever lived in Indiana for six months must be the filing party. You and your spouse will also have to wait a minimum of 60 days for your divorce to be finalized.
The divorce papers you file for your specific situation will vary, but there are a few forms that are standard for all divorces in Indiana. These include the “Petition for Dissolution of Marriage”, the “Summons” and the “Financial Declaration”. If you do have minor children with your spouse, you will also need to file a “Child Support Obligation Worksheet”.
The Indiana Judicial Branch Supreme Court website has a section devoted to divorce forms, where you can find and download forms based on the criteria you meet. As you will notice on the website, Indiana has four basic categories for divorce forms:
Divorce with Children – WITH an agreement on all issues
Divorce with Children – WITHOUT an agreement on all issues
Divorce without Children – WITH an agreement on all issues
Divorce without Children – WITHOUT an agreement on all issues
It is important to identify the category you fall into, and what it means as you move forward with your divorce. Generally speaking, your divorce will go quickly if you and your spouse are in agreement on all issues. This is what is often referred to as an “uncontested divorce”. In an uncontested divorce, the process is simple. You fill out your divorce documents, file them and verify them with the judge, then you are granted a divorce.
When you and your spouse do not agree, you will be required by the court to come to an agreement. You can do this with the help of a divorce mediator – a professional who helps divorcing couples reach terms they can both be happy with. If you cannot come to an agreement with a mediator, you will be forced to go to trial. If you are in this situation, is best to seek professional legal counsel.
When you begin reading through the various documents and the different options you have, it is normal to feel overwhelmed. Unless you have legal training, divorce documents can be confusing and even intimidating. The fact that there are so many different requirements does not help matters. This is why many people find Indiana online divorce documents by CompleteCase.com to be so helpful.
At CompleteCase.com’s online service, you will be guided to the appropriate documents for your circumstances, and receive assistance filling out your documents. With CompleteCase.com, you will know that everything is done right, and will avoid possible delays due to missing documents, incomplete documents or incorrect forms.
You will need to print out your divorce papers with the county clerk where you or your spouse resides. Each county may have different requirements, so it is a good idea to call ahead to verify you are bringing everything you need, including an accepted form of payment for the state filing fee.
You will need at least three sets of documents, one for the clerk, one for your records and one to serve your spouse. Also, take note that Indiana requires that all divorce documents with confidential information be printed on light green paper. Confidential information includes bank account numbers, Social Security numbers and other such information.
You will need to serve copies of the divorce papers to your spouse. Indiana allows you to do this by certified mail, private process server or by hiring a sheriff’s deputy. Certified mail, while the least expensive option, is only advisable if you believe your spouse will be cooperative and accept the papers. Otherwise, you will want to use a sheriff or private process server. You will then need to file proof with the court that you served your spouse with the papers..
If you are able to come to an agreement with your spouse about your divorce, you can file a settlement agreement that lists the terms you both agreed to. If you cannot come to an agreement, you will both need to attend a trial with a judge. Either way, there will be at least a 60-day period before the court finalized the divorce.