The court clerk will then assign a number to your case and will process your documents by stamping the date of filing. Each county has different preferred processes of service and so it is a good idea to check with your county court clerk. During a divorce, often the spouses can resolve some or all of the issues pertaining to the divorce through a settlement agreement.
However, there may be times when the parties are unable to agree on the various issues. In such a situation, the parties will have to litigate the issues before a family law magistrate, judge or commissioner. And, these kinds of divorces are known as contested divorces. In the case of a contested divorce, it may be a good idea to hire a divorce attorney who will represent you in court and this is especially important if your spouse has hired a lawyer or plans to hire one.
Usually, contested divorces take a long time and are quite expensive too. However, if your spouse and you are unable to agree on all these issues, then you cannot opt for an uncontested divorce.
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An uncontested divorce is less traumatizing than having to argue your case in court in front of a judge and it is less expensive too. In Indiana, you can opt for an uncontested divorce irrespective of whether your spouse and you have children or not. You need to fill out different forms if you have children. A bifurcated divorce helps you to save both time and money as you can avoid a full trial for each issue of your divorce.
To file for an uncontested divorce in Indiana , you must fulfill the residency requirements and both parties must also agree to the grounds for divorce. You must use t he document packet that is appropriate for you depending on whether you have an agreement with your spouse on the various issues and if you have children or not. This process is more time consuming and hands on but is done by many people yearly. The packet also has a document which provides step-by-step instructions on how you should fill out the forms.
How Much Does a Divorce Cost in Indiana?
You can fill in the information on your computer directly or you can take a printout of the forms and fill it out by hand. However, if you decide to handle your own divorce case without an attorney, you will need to follow the same rules followed by an attorney, even if you are not aware of them. The online service will ask you questions pertaining to your divorce and once you answer all the questions, your forms will be generated, reviewed, which you then can print out, sign and submit at the county court. The online service will charge you a fee for their services and our favorite is 3stepdivorce.
Using an online service is a fairly inexpensive and less of a headache than the DIY option. If your spouse and you are unable to come to an agreement on the key issues of your divorce, then your divorce case will go to trial, where a judge will hear your case and pass a judgment on the various issues.
Both parties will be required to hire a divorce lawyer to represent their cases in court. According to the Indiana law, the division of property in the case of a divorce must be equitable, which means that the division may not necessarily be equal but must be fair. Although according to the Indiana law, there is a distinction between marital property and separate property, the judge can divide the property of both spouses in any way that is fair, irrespective of when the property was bought or which spouse owns the property.
The court presumes that the equal division of all property is fair unless one spouse claims that a property is separate and presents evidence that the division of that property is unfair. For instance, a house that is owned by you can become marital property if your spouse and you make the mortgage and other payments. If your spouse and you are unable to decide what property belongs to whom, the judge will decide whether the property must be treated as separate property belonging to one spouse only.
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The court may consider other factors when deciding that it is more appropriate to divide the property unequally rather than an equal division. The judge will also consider any tax liabilities of the property division on the economic situation of each spouse. And, in the case that there is little property or no property to divide and if one spouse has contributed financially to the post-secondary education of the other, the judge may order the contributing spouse to get a reimbursement.
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If the parties do not come to an agreement on all issues relevant to their divorce, the court will set the remaining matters for a final hearing, or trial. Should your case proceed to a final hearing, your presence there would be mandatory. The court would then hear evidence on those issues from both parties, issue a ruling on the issues, and grant the couple a divorce. The outcome of each dissolution case is dependent on the many factors and issues involved in each individual case.
An attorney familiar with family law and skilled in domestic litigation should analyze each case and the strategy that should be employed to meet your desired goals on a case-by-case basis. The choice of a lawyer is an important decision and should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Office in Ridgeland, MS. Offices in Pittsburgh and Philadelphia, PA. Kimberly Lewellen licensed in CA only. Lauren Dabule, Florida Resident Partner. Tampa, FL. Call our office today at. What are the grounds for divorce in Indiana? The dissolution of marriage grounds are as follows: Irretrievable breakdown of the marriage. Fault: The felony conviction of either of the parties; Impotence; or Incurable insanity for a period of at least two years. How long does it take to get a divorce in Indiana?
What is a divorce going to cost me? Can I afford it? Do I really need to hire an attorney? Does Indiana grant divorces based on marital fault? Can I get maintenance or will I have to provide maintenance to my spouse? Can I change my name at the time of divorce?
Dividing property in an Indiana divorce
Can I get an annulment in Indiana? When can I file for divorce in Indiana? When is my case going to be over? Do I have to go to court? If attempts to serve my spouse do not work, what is my next step? At what point during the process can a spouse remarry or start dating? What if my spouse does not want the divorce? Do the other issues — child support, child custody, alimony, and property — have to be decided before the divorce is final?
Yes, these issues will all be resolved as part of the final Decree of Dissolution. After I file for divorce, do I have to continue to live in Indiana?
- General Information About Divorce.
- Filing for divorce in Indiana — Divorce papers in IN?
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What if I am in the military and out of state? What forms do I need to file for a divorce in Indiana? How and where is a divorce complaint filed? How do I serve the divorce complaint on my spouse?
Complete Guide to Filing for Divorce in Indiana | Survive Divorce
How is a divorce granted? Will I have to go to court? What typically happens if I go to court to obtain my divorce myself? There is no common law marriage in Indiana. Albany: Great Oaks Blvd. Main St.