Question: How do I get a divorce in Indiana?

To file for divorce, you’ll need to submit a Petition for Dissolution of Marriage. The Clerk’s Office does not provide a form for this petition. You can research what language the dissolution document should contain at a law library. For legal assistance, seek the advice of an attorney.

How much does it cost to file for a divorce in Indiana?

Divorce Filing Fees and Typical Attorney Fees by State

State Average Filing Fees Other Divorce Costs and Attorney Fees
Indiana $157 Average fees: $9,000
Iowa $185 Average fees: $9,000+
Kansas $400 Average fees: $8,000+
Kentucky $148 (without an attorney), $153 (with an attorney) Average fees: $8,000+

What is the fastest way to get a divorce in Indiana?

An uncontested divorce can be pretty quick if you meet Indiana’s residency requirements. Before you can file for divorce in the state, you or your spouse must have been living in Indiana for six months. You’ll need to file your divorce case in the county in which you have lived for the past three months.

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How long does it take to get a divorce in Indiana?

Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

How long do you have to be separated before you can file for divorce in the state of Indiana?

In some states, couples can stay legally separated indefinitely, but in Indiana, your legal separation can’t exceed 12-months, which means that you have one year to decide whether you want to reconcile or file for divorce.

Can you get divorced in a day?

Divorce in a Day is a type of mediation process, but it is streamlined. Everything is prepared and completed in a single day. … This process allows you to begin your divorce and finalize it all in the same day. Divorce can be a traumatizing experience.

What is a wife entitled to in a divorce in Indiana?

Divide the marital property and debts (usually on a 50-50% basis). Issue custody, visitation and child support orders for children of the marriage. The wife can get her maiden or former name back as part of the divorce.

Does Indiana require separation before divorce?

While you do not need to be separated from your spouse prior to filing for divorce, you must live separately from your spouse for a minimum of 60 days before the court will grant the divorce. In addition, there are several requirements before you can file for divorce in Indiana.

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Can I get a divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How do I get a divorce in Indiana without going to court?

To get an uncontested divorce in Indiana, you’ll need to agree with your spouse on how you will deal with:

  1. property division and allocation of debts.
  2. alimony (known as maintenance in Indiana), and.
  3. if you have minor children, custody, parenting time (visitation), and child support.

Can you divorce without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.

Who pays for a divorce in Indiana?

Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions.

What if spouse refuses to get a divorce?

If your spouse decides to ignore your petition to get divorced, you can ask your divorce attorney to request that the court enter a default judgement. What this means is that you can have the court pass your petition after a certain period.

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How do I start the divorce process?

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred.

Is there legal separation in Indiana?

An Indiana legal separation allows a couple to formally, but temporarily, separate physically and financially. This formal “pause” to the marriage provides structured child custody and parenting time arrangements under Indiana law without dissolving the marriage.

Where do I get divorce papers in Indiana?

Marriage or divorce records

To request a certified copy of a marriage certificate or divorce decree, contact the clerk’s office in the county where the marriage occurred.