In order to file for a divorce (dissolution of marriage) in the state of Indiana, at least one of the spouses must have been a resident (or stationed there with the US military) of Indiana for at least 6 months preceding the filing of the divorce papers. Continually, at least one of the spouses must have been a resident of the county of filing (or stationed there with the US military) for at least 3 months.
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In Indiana, depending upon the county, divorce petitions must be filed in the Superior Court, Circuit Court or the Domestic Relations Court of the county. This court will then assign the case a number, and will have the rights to facilitate and grant the orders as to: property, debt, support, custody, visitation and anything else that is contested or is a facet of the marriage that must be divided. On the top of every document that is filed with the court the name of the court must be at the top of the document.
The first document that must be filed is the Petition for Dissolution of Marriage. In the petition, the spouse that is filing for divorce must explain on what grounds he or she is filing, and provide a basic outline of the marriage (for how long, how many children, properties, etc.).
Once the forms have been prepared and filed they must be served on the Respondent (the Petitioner's spouse).
After the Petition is filed, if the case is not contested no trial is necessary, and after a judge's approval the couple's marriage will be terminated. If the case is contested, however, it either will go to trial or the couple may settle outside of court. If the case goes to trial the judge will make decisions based upon Indiana "equitable distribution" laws. Specifically, the marital property will be divided in an equitable fashion-- note that this means fair, not equal. As for children, when they are involved in a case in Indiana, their custody is also at the discretion of the court. The court considers many factors when placing children, and is sensitive to the child's needs and wants.
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement outlining all the details of the agreement. The Divorce Settlement Agreement enables the division property, assets, debts and liabilities and settles matters of child support, custody and visitation.
The state of Indiana offers most documents needed for your divorce on their website, based on situation type. For example:
- Divorce with Children and with an Agreement on All Issues
- Divorce with Children and without an Agreement on All Issues
- Divorce without Children and with an Agreement on All Issues
- Divorce without Children and without an Agreement on All Issues
If you need help filing for divorce, you can use Rocket Lawyer to Find a Lawyerwho's right for your situation and needs.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.