Filing for Divorce in Indiana — Get Your Divorce Forms in IN (24/7)

Online divorce in Indiana

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How to get divorce in Indiana

Online Divorce provides qualitative and approved by Indiana courts divorce papers. The information below may help to understand more about the divorce in Indiana. onlinedivorce.com provides quick and inexpensive services of online divorce in Indiana.
The key conditions to get a divorce in Indiana are
:

1

As in other states, the main condition for obtaining a divorce is that the marriage is legal. That is, marriage is recognized by state law.

2

The residency requirements of the state must be met.

3

Pointing out the ground under which the marriage is to be terminated. State law allows couples to have both the fault and no-fault grounds, although the fault grounds for divorce must be proven before the court.

4

If the parties can agree on all the key points of the divorce (child custody, the amount of financial support, the amount of alimony, the division of common property) such a divorce is considered to be uncontested. It usually takes less time and money because there is no need to hold a number of court trials. If the parties don't agree on at least one question, then the divorce will be called contested and the court decides on all the disputes after the court battle.

5

The appropriate Indiana divorce papers must be filled out and submitted to the court. Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

6

The copies of the divorce paperwork should be delivered to the non-filing spouse (Defendant) by one of the officially-allowed methods. Then some time is needed so that the court could issue a decision regarding the divorce. In Indiana, an uncontested divorce typically may take about 60 days.

Residency:

Residency requirements for Indiana divorce demand compliance with both state and county requirements. To file for dissolution of marriage in Indiana either spouse must:

  • to be a resident of Indiana for 6 months and more before the date of filing the divorce petition;

or

  1. to be stationed at a US military installation in Indiana for the same term;
  2. to be a resident of a certain county for 3 last months.
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Valid grounds to get divorce in Indiana

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The grounds for divorce in Indiana can be either fault or no-fault.
The no-fault ground is “irretrievable breakdown of the marriage”. Filing for divorce under this grounde there is no need to prove it before the court.

And the fault grounds for divorce in Indiana are:

#1

Impotence;

#2

The felony conviction of one spouse (happened after the marriage);

#3

Incurable insanity (for 2 years and more).

OnlineDivorce reviews

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Annulment of the marriage in Indiana

Annulment is also a process that terminates the marriage. However, the nuance is that only void marriages can be annulled. Void marriages are those that are not recognized by state law because they were concluded with violation of the rules of Indiana.

  • Such marriages include:
  • Marriages that have been concluded between underage spouses;
  • Marriages, which were fraudulently concluded;
  • Marriages, where one of the spouses suffered a severe form of psychiatric illness at the time of the marriage ceremony;
  • Marriages between blood relatives.
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Custody of the child in Indiana

Custody of the child

With a divorce in the state of Indiana, one of the important decisions before a court is to determine how to give custody of minor children born in wedlock. State courts are always guided by the best interests of the child.

Therefore, when making a decision, the court will consider the following factors:

  • The age and sex of the child;
  • The wishes of the child to spend more time with one of the parents if the court is satisfied that the child is able to make sound decisions and if he or she is at least 14 years old;
  • The wishes of the parents;
  • The relationship that the child has with each parent;
  • The child's ability to adapt to the new school, home and living conditions;
  • Mental and physical health of all persons involved;
  • Cases of violence or abuse in the family. 

Rules for child support in Indiana

According to the law of Indiana, after the divorce, parents must financially their underage children who were born in marriage. Support lasts up to 21 years, if:

  • The child is emancipated before 21 years of age. Emancipated are those children who married, joined the armed forces or are not under the care and supervision of parents or special bodies;
  • The child is incapacitated. The payment will continue for the entire period until the child is disabled;
  • The child is at least 18 years old, but he or she did not attend the general educational institution and can not provide for himself/herself.
Uncontested Indiana divorce with children
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Rules for spousal support in Indiana

Rules for spousal support

Alimony is the amount of money that one spouse pays to the second during a divorce in Indiana or after it, or in both cases.

The following types of alimony may be established by state regulations:

Temporary or "pendente lite" caliper, which means that they are paid until a decision is made. Usually, such alimony is issued monthly, until a certain date or certain expected events occur.

Constant alimony is a type of support, which extends throughout the life of the spouse-recipient.

Rehabilitation alimony is a temporary payment that is aimed at helping the spouse in obtaining additional skills or education so that he or she can find a good job or move up the career ladder.

In case of divorce in Indiana, the court considers the following factors affecting the duration and amount of alimony:

  • The standard of living that the family is used to during the marriage; 
  • The self-sufficiency of each spouse; 
  • The duration of the marriage; 
  • The age of each spouse, as well as their physical, emotional and mental indicators; 
  • Circumstances that contributed to the destruction of marriage; 
  • Financial resources of each spouse; 
  • The time necessary for the receiving spouse to acquire skills and education conducive to employment.

Property division in Indiana

Property division

The state of Indiana is of the opinion that common property should be divided fairly. In this case, the court has the right to divide the property that was acquired before marriage, which has surpassed the spouses by giving or inheriting. Also under the division of property fall assets and liabilities of couples, as well as some pension payments.

In order to decide whom to award this or that property, the court will analyze the following factors:

  • The contribution of each spouse to the acquisition of property, no matter what financial contribution this spouse made;
  • The extent to which the property was acquired by each spouse before marriage, or through inheritance or gift;
  • The tax consequences for each spouse after the division of property;
  • The economic situation of each spouse;
  • The behavior of the spouses in the process of dividing their property;

If the court comes to a decision that the property was divided unfairly between partners, then it will oblige the spouse who has received more to pay a certain amount to the second spouse to cover the existing inequality.

Divorce without a lawyer in Indiana

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". The process of divorce in the state of Indiana can vary from county to county. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
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  • If you have children, they will likely be interrogated at the court for making decisions on custody
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Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
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  • One flat fee claimed, however many sites have hidden fees
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Mediation support in Indiana

In Indiana, the divorce mediation may be required by the court in case of contested divorce as a last resort to encourage the parties to settle their differences and reach agreement on the main points of the divorce.

Divorce forms in Indiana

Which papers must be filled out depends on the circumstances of a certain divorce case. Each county may require some special forms too.
The most widely circulated divorce form documents are 'Petition for Dissolution of Marriage', the 'Summons' and the' Financial Declarations. If any minor children involved the ’Child Support Obligation Worksheet’ is also mandatory form.

On the site of Indiana Judicial Branch Supreme Court all the existing Indiana divorce papers may be found, and Online Divorce may select just those which are necessary for the certain case and help with the preparationg of the documents. 

Uncontested divorce in Indiana

Uncontested divorce in Indiana

The essence of the uncontested divorce is that the spouses have already reached an agreement on all of its contentious issues, which include:

  • The division of property; 
  • Separation of assets and liabilities; 
  • Separation of custody of minor children; 
  • Time of child visit; 
  • The amount of matrimonial support and the period of payment; 
  • The amount of financial support for the child.

How to serve divorce papers in Indiana

The Plaintiff is obliged to notify the other spouse (Defendant) about the beginning of the divorce proceedings and deliver him/her the copies of divorce forms.
Indiana provides an opportunity to serve the spouse in several ways:

  • Sheriff's service; 
  • Private process server; 
  • Sending documents by mail.

A notice that the spouse is served with the papers must be received. This notice should be registered with the court so that the divorce proceedings begin.
The minimum waiting period for obtaining a divorce in Indiana is 60 days.

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Filing fees for divorce in Indiana

The total cost of an Indiana divorce can't be predicted, due to the fact it depends on numerous individual factors. With the Online Divorce, it may contain the Indiana court filing fees and cost of using the service of online divorce in Indiana. This cost may vary by county.