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Divorce in Indiana

The Complete Guide to Divorce in Indiana: From Filing to Finalization

Navigating a divorce in Indiana can be a complex and emotionally challenging process. There are specific steps and requirements that must be followed. The divorce process is not the same for every couple and it is important to have a baseline understanding of the process. This guide will walk you through the entire divorce process in the Hoosier State, from initial filing to final decree.

Before filing for divorce in Indiana, you must meet the residency requirements. Either spouse must have been a resident of Indiana for at least six months. Further, either spouse must have been a resident of the county where you are filing for at least three months. When filing you must establish “grounds” for divorce. Indiana is a “no-fault” divorce state. The only ground necessary for divorce in Indiana is an “irretrievable breakdown of the marriage.” You do not need to prove any wrongdoing by either party. The divorce process officially begins when one spouse (the “petitioner”) files a Petition for Dissolution of Marriage with the county clerk’s office. This petition includes basic information about both spouses, date of marriage and separation, names and ages of any children, a statement that the marriage is irretrievably broken, and a request for relief (property division, custody, support, etc.). 

After filing, the petitioner must serve the other spouse (the “respondent”) with the divorce papers. This can be done through personal service, certified mail, or publication (if the spouse cannot be located). Indiana has a sixty (60) day waiting period from the date of filing before a divorce can be finalized. This period is mandatory, even if both parties agree on all terms. 

The respondent has twenty (20) days to file a response after being served. They can agree to the petitioner’s terms, dispute certain aspects, or file a counter-petition. Either spouse can request temporary orders for issues like child custody and support, spousal maintenance, and use of marital property when divorcing in Indiana. Temporary orders remain in effect until the final divorce decree. Both parties exchange financial information and other relevant documents. The financial information may include income statements, tax returns, property valuations, and debt information. 

It is important to note that not all divorce matters in Indiana go to court but can be managed in alternative dispute resolution. Couples are encouraged to reach agreements on key issues such as division of assets and debts, child custody and parenting time, child support, and spousal maintenance. Mediation may be required or voluntarily chosen to help reach agreements. If all issues are agreed upon, a settlement agreement is drafted and submitted to the court. If agreements cannot be reached, the case goes to trial where a judge will make decisions on contested issues.

Once the sixty (60) day waiting period has passed and all issues are resolved (either by agreement or court decision), a final hearing is scheduled. The judge issues a final divorce decree, which officially ends the marriage and outlines property division, child custody and parenting time arrangements, child support orders, and spousal maintenance (if applicable). After the divorce is finalized, certain aspects can be modified if there is a substantial change in circumstances. Child custody, child support, and spousal maintenance (unless expressly prohibited in the decree) could be modified after the divorce is finalized. Property division is generally final and cannot be modified unless there is fraud or newly discovered assets. 

There are additional considerations when going through the divorce process. Indiana recognizes collaborative divorce, where both parties agree to settle out of court. For couples with no children and limited assets, a simplified process may be available. Also, the divorce decree can include an order for name change if desired. Filing for divorce in Indiana is not free and will require fees in the state of Indiana. Filing fees vary by county but are typically around $150-$200. The entire process can take 60 days to several months or even years, depending on the complexity of the case and level of agreement between spouses. 

Divorce in Indiana involves several steps and can be complex, especially when children or significant assets are involved. While this guide provides an overview, each divorce is unique. It is often beneficial to consult with an experienced family law attorney who can guide you through the process, protect your rights, and advocate for your interests. The goal is to navigate this challenging time as smoothly as possible and establish a foundation for your post-divorce life. With proper preparation and guidance, you can work towards a fair and equitable resolution. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in divorce proceedings throughout Indiana. We are here to help you with your family law matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement. 

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