Divorce in Indiana—All You Need To Know From DoNotPay
While divorce is never a pleasant process, the state of Indiana realizes that some couples are not meant to be.
DoNotPay knows that you want to make your divorce as simple, quick, and inexpensive as possible. We are here to help with all the facts you need on uncontested divorce in Indiana!
Indiana is one of the states that don’t require a reason for you to get divorced from your spouse.
If you have decided that divorce is your best course of action, you only need to prove that your marriage is irretrievably broken.
In case your spouse disagrees, your case will go to court and may become a long process. If both of you agree on the necessity for divorce, your divorce is seen as uncontested and can be finalized quickly.
To be allowed to file divorce papers in Indiana, either you or your spouse must have lived in the state for the last six months.
Filing for divorce in Indiana depends on whether you and your spouse agree on the:
- Need for a divorce
- Terms of the settlement
If you agree on everything, the process is relatively straightforward, as follows:
- File a petition for dissolution
- Serve the documents on your spouse
- Prepare a settlement agreement
- Attend a single court hearing
You, your spouse, or both of you should file a petition for dissolution with your local county court. If you live in different counties, the choice of which court to use is yours.
The petition should ask the court to grant a dissolution of your marriage due to its irretrievable breakdown and should list your and your spouse’s:
Children or dependents should also be cited in the petition.
If your spouse did not file a joint petition with you, you need to serve them with a copy of all the uncontested divorce papers.
Your spouse’s signature confirming they have received the paperwork should be forwarded to the court to be attached to your case documentation.
The settlement agreement refers to your petition for dissolution and states how your financial and family responsibilities should be divided up after the divorce.
In uncontested or friendly divorce scenarios, the court will usually accept the agreement as is. If there is a contest, Indiana courts will normally:
- Divide financial affairs on a 50:50 basis
- Award custody according to the behavior and domestic situation of each spouse
- Award alimony based on the financial information you and your spouse have provided in your petition
You and your spouse will be required to attend a court hearing in which the judge will:
- Confirm that your papers are complete and in order
- Affirm that you both want the divorce
- Ensure that neither you nor your spouse is acting under pressure
Once these affirmations have been heard, the judge will grant your uncontested summary dissolution.
An uncontested divorce in Indiana can progress relatively quickly.
Indiana divorce law requires that the judge wait 60 days before your marriage can be dissolved.
The actual date of your hearing will depend on the court’s schedule and workload. You can make sure the process is as short as possible by having your paperwork in order and filing it during a slow period in court proceedings—the clerk of your county court should be able to advise you on this.
Costs in uncontested divorces in Indiana can usually be kept relatively low.
The filing fee will be between $132 and $152, after which you should factor in costs for:
- Preparation of divorce papers
- Phone calls, copying, and admin
If you are looking for a low-cost divorce, your best course of action is to avoid lawyers’ fees as much as possible. If you and your spouse agree on the terms of the settlement agreement, you can avoid using a lawyer to draw it up.
Even if there are aspects of the settlement agreement over which you can’t immediately agree, you can avoid a lawyer’s involvement by submitting to mediation. A state or county mediator can help you negotiate a resolution that both you and your spouse find acceptable, meaning that your settlement can stay out of court.
You have several options to get a divorce settlement agreement that is acceptable in Indiana, as follows:
|Settlement Agreement Sources||Explanation|
|Lawyer||An attorney can draw up your settlement agreement, but in many uncontested divorce cases, the expense is unnecessary|
|County court||Your county court may be able to provide a template for your settlement agreement. While these templates are state-approved, they are often so complicated that you will end up hiring an attorney to fill them out|
|Online||Generic online forms are available on many websites, but you will run the risk that they:
DoNotPay can help you out—we can spare you the expense of a lawyer while making sure your settlement agreement fits the bill. Use DoNotPay to generate the perfect divorce settlement agreement in a few clicks!
DoNotPay is your partner for making complex legal documents simple and affordable!
We can make a personalized divorce settlement agreement for you in a flash—here’s how:
- Sign up with DoNotPay in your web browser
- Go to our Divorce Settlement Agreement product
- Follow the on-screen prompts to fill in the details of your agreement
DoNotPay will take it from there. In a few moments, you will be able to print out your custom agreement. You and your spouse should sign it and have it notarized, at which point your divorce can proceed.
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