Indiana divorce waiting period after filing


These entities will then prepare the forms in their office and return them to you for review, either by email, regular mail, or through an actual visit to their offices. Once papers have been filed and served, there is a day waiting period before a final decree can be signed by the court. The actual amount of time may take a bit longer depending on the caseload of the local court and the availability of judges to sign the decree. In divorces where there are disagreements over things such as a division of assets, custody or support issues and a judge must intervene, finalizing a divorce can take considerably longer.

Complete Guide to Filing for Divorce in Indiana | Survive Divorce

Prior to filing your Petition for Dissolution, you must reside in Indiana for six months and in the county where the petition is to be filed for 90 days. You can complete a divorce in Indiana without using the services of a lawyer. If you and your spouse agree on all the terms related to the dissolution of your marriage, you can submit a written settlement to the court.

After a review, the court will grant the divorce without a hearing at the end of the day waiting period. If you and your spouse disagree on issues or you anticipate that the divorce will be adversarial, then it might be in your best interests to consult an attorney to make sure you are protected.

Yes, but when you petition for divorce, you must reveal if the wife is pregnant. Many of the same rules apply to military divorces as they do to civilian divorces in Indiana. A service member must be able to demonstrate that they or their spouse have lived in Indiana or been stationed in the state for at least six months and have lived for at least three months in the county where they intend to file.

Once paperwork has been filed to begin a divorce, copies must be served on a spouse to give him or her a chance to respond. When that spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments.

The Servicemembers Civil Relief Act eases many legal and financial burdens of military personnel and their families who face the added challenges of active duty. A service member may choose to waive delaying the divorce by signing off on paperwork which will then allow the divorce to proceed uncontested. In addition to Indiana property division laws, the federal government also protects military personnel through the Uniformed Services Former Spouses Protection Act that governs how military benefits are calculated when a divorce takes place.

Federal laws will not allow a military members retirement to be distributed to a spouse unless the couple has been married for 10 years or more while the service member was on active duty. The U. Looking for more great tips about filing for divorce? Check out a few of our favorite resources:. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur.

Uncontested vs Contested Divorce in Indiana

A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce. Please leave this field empty. State Overview State Resources. How will you proceed with your divorce? In short, you need to have a full understanding of the different types of divorce and how they will shape your settlement negotiations. There are advantages and disadvantages to each. Thousands of people do their own divorce in Indiana every year without hiring a lawyer.

When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.

Indiana Divorce Laws

When an Indiana divorce case is uncontested and both parties are willing to sign, when you and you spouse agree about everything filing your own divorce is a common choice in order to cut down legal expenses. Read about the advantages of filing your own uncontested divorce in Indiana. At least one of the spouses, at the time of the filing, must be a resident of Indiana for at least six months and a resident of the county for at least three months before beginning the action.

This applies to military personnel stationed in Indiana. The divorce paperwork requires a signed authentication that you have been a resident of Indiana for at least the past six months. If the court requires proof for some reason, typically an Indiana driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them.

After your spouse returns them, you file in your local county court. Fault: 1 The conviction of either spouse, subsequent to the marriage, of a felony; 2 impotence at the time of the marriage; 3 incurable insanity in either spouse for a period of at least two years. Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Dissolution.

You control revisions and reprintings as necessary. In Indiana, a divorce hearing is not typical for an uncontested divorce. Most spouses choose to file a Verified Waiver of Hearing document to eliminate the need although it is always up to a Judge and her or she may require one If there are minor children involved.

A short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce. If there are no children, the process in very streamlined if you choose to attend a hearing. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Indiana. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Indiana.

A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided. You answer a few questions dealing with individual retirement accounts.

You have the option of waiving rights to each other's account s , or dividing any marital portion of an account by a specific percentage or a dollar amount. Once again, a few questions inside your account deal with the disposition of the marital home.


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All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership. A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.

The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet. We provide Indiana Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount.

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General Information About Divorce

The support calculation is based on a number of variables, but the primary one is income. Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.

Indiana permits deviation from its child support guidelines when the court, having concluded that an award based on Indiana's Child Support Guidelines would be unjust, enters a written finding supporting that conclusion. Child support can be modified based on a change in circumstances.

Indiana divorce waiting period after filing
Indiana divorce waiting period after filing
Indiana divorce waiting period after filing
Indiana divorce waiting period after filing
Indiana divorce waiting period after filing

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