Has it already taken way too much of your time to find all the necessary information about filing for divorce in Indiana? The divorce process may seem complicated and confusing, especially when dealing with divorce papers. But getting a divorce doesn’t have to mean long hours of paperwork and high costs. We will answer all the questions that may arise while going through a divorce process.
What are the grounds for divorce?
If you don’t like the idea of going through all the reasons why you are asking for a divorce, a “no-fault” divorce option is available in Indiana. Fortunately, in such a case, you just need to provide the court with a statement that your marriage is “irretrievably broken” to get a status of “happily divorced.”
However, if the petitioner prefers to use a fault-based ground, Indiana has three to choose from — insanity, impotence, or a felony conviction.
Do I have to be a resident of Indiana?
No matter which type of divorce you choose, there is a strict requirement that at least one of the spouses be a resident of Indiana for no less than 6 months. Apart from that, this spouse must be a resident of the state for 3 months before filling.
What forms should I file?
You may have already seen a ton of divorce forms online and tried to sort them out before giving up. Which forms to use will depend on your case and its specifics. But there are a few forms that are required for all divorces in Indiana. They include:
- Petition for Dissolution of Marriage
- Summons
- Financial Declaration, and
- Child Support Obligation Worksheet *
* This form is only required if there are minor children and child custody being considered.
All the other forms depend on the specifics of your case, and you can find them and fill them out on the Indiana Legal Help website.
What is the filing process of the forms?
First, check whether you have filled out all the required forms for your case. If the responsibility of paperwork is more than you want to deal with on your own but hiring an expensive attorney isn’t a preferable option, there is another choice. Today online divorce is a popular option among spouses filing for an uncontested divorce. Several online divorce companies offer great assistance dealing with all the loads of paperwork.
Next, file the paperwork with the court of the county of residence (remember that one spouse must be a resident of the county for 3 months). When filing, the petitioner will be required to pay a filing fee. The amount will vary, depending on the count, so it is advisable to contact the local court clerk’s office to find out the precise fee. For individuals that cannot afford the filing fee, it is possible to apply for a fee waiver, which will allow you to file for free, or a reduced amount, if approved.
How do I serve divorce papers?
It is necessary to serve copies of the divorce documents to your spouse to complete the filing process.
There are several options to serve your spouse in Indiana:
· County Sheriff
· Private Process Server
· By Mail
Upon receiving notification of the filing for a divorce, your spouse has 3 options: file an answer, file a counterclaim, or both.
Your next step will be to figure out all the unresolved issues. Main issues often include alimony, property and debt division, child custody, and child support. If spouses can resolve issues on their own, their divorce will remain relatively inexpensive, but if mediation or, worse yet, a court trial is necessary, the costs will rise exponentially. Make sure to check out Evolution Process Service Indiana for hiring a private process server.
What happens next if everything is agreed on?
If you and your spouses are able to settle all disputes, you can proceed with an uncontested divorce. This option is inexpensive and much less troublesome. The only thing required is to provide the court with a settlement agreement, which includes all the terms of your dissolution of marriage.
How long do I have to wait?
In Indiana, upon receiving all the necessary papers, the stated waiting period is 60 days before the divorce is finalized.
Do I need any legal assistance to proceed with my divorce?
Today the cost of divorce doesn’t have to be immense. There are many online services that will assist you with your divorce, particularly the paperwork. Thus the process can be smooth and painless, without pricey attorneys or confusion. You can even do it yourself.
