The paperwork on filing for divorce in indiana
How Much Does It Cost to Get a Divorce in Indiana?
You have to have been living in Indiana for the last six months, and you have to have been living in your current county for at least three months. There are four possible grounds for divorce:. Unlike some other states, Indiana does not have specialized family courts. Instead, the superior courts which are entry-level trial courts have separate divisions that are assigned to hear family law matters.
Indiana also has a system of circuit courts, which are also trial courts and can hear many of the same kinds of cases as the superior courts. Finally, all the courts are divided into judicial districts.
If you file in the wrong place, your case could be tossed out and you might have to start over. There may be some variations in the process depending on the facts of your case like, whether you have children and where you live , but most divorces with agreement look something like this:. There are very detailed instructions for how to obtain an uncontested divorce. Take your time and work carefully.
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Type everything on a computer or write or print neatly. If you rush through the papers and make mistakes, the judge may have questions or concerns about your paperwork and might call you to appear in court for a final hearing to address the problems.
Paper Work for a Divorce in the State of Indiana | LegalZoom Legal Info
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You can directly hand them the papers, send them via certified mail, or have a sheriff or a third-party processor deliver them. Sometimes the filing party cannot locate the other. The following is required if one spouse cannot be served:. If you object to the jurisdiction location, you must make that motion before responding to anything within the papers. Thus, it is best not to counter-file anything pertaining to the divorce, until you file to relocate proceedings. A divorce settlement agreement is preferable since attorneys can present the signed paperwork and offset your travel challenges.
That means you do not have to prove a grievance against one another to get a divorce.
This excludes anything brought into the relationship or proven to be exclusively individual gifts. Once a divorce is filed, you have to wait 60 days before the court can finalize the divorce. The court can issue temporary orders as soon as the divorce is filed, but the actual divorce and final orders cannot be done until 60 days have passed since the date the divorce was filed. It could take longer than 60 days, depending on the issues of your case and the court's schedule.
Your divorce case is assigned to a judge, and copies of the papers are sent to your spouse.
Uncontested Divorce in Indiana
If you asked for temporary custody, child support, etc. At this hearing, the Court can enter restraining orders and other temporary orders such as custody, visitation, support, and property. The provisional order will be in effect only until the final hearing. The court can make different decisions at the final hearing. The Court must decide the issue of custody based on the "best interests" of the child.
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The Court can consider many things, including:. Indiana has Indiana Parenting Time Guidelines, which tell the courts what visitation the courts should order. The non-custodial parent will usually have visitation every other week-end, and one evening during the week. Holidays are split between the parents.
Do the husband and wife both have to live in Indiana to get a divorce here?
The non-custodial parent's visitation can be limited if there is proof that visitations would be harmful to the child. The amount of visitation is NOT related to whether the parent has been paying court-ordered child support. Indiana has child support guidelines that the Court uses to decide how much the child support order will be.
The guidelines use the parents' income, child care expenses and other factors to come up with the child support amount. If a parent is not working, the Court will often assume that the parent could earn at least a minimum wage. In almost all cases, support must be paid through the clerk's office.
The support order can also require the non-custodial parent to provide health insurance coverage for the child. You can see the child support guidelines at Child Support Guidelines. The divorce can be finalized either by going to court for a final hearing or by giving the court papers showing you and your spouse have agreed on all of the issues. The court can also issue other orders such as for counseling, spousal maintenance, or protective orders.
Generally, courts cannot change the order concerning property and debts after the divorce is done. The court can sometimes change orders concerning child custody, visitation and child support.