How long do you have to be separated before you can file for divorce in the state of 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.
How much does it cost to file for a divorce in Indiana?
How much does it cost to get a divorce? The court will charge a filing fee which will vary between $132 and $152, depending on which county you are in. You usually have to pay this fee in cash or by certified check or money order.
What are the laws for divorce in Indiana?
The statutory grounds for divorce in Indiana are as follows:
- Irretrievable breakdown of the marriage;
- A felony conviction by either of the parties, after entering into the marriage;
- Impotency, existing at the time of the marriage; and.
- Incurable insanity of either party for a period of at least two years.
How long does divorce take on average?
In our survey, the overall average duration of divorce was a year. Here again, the picture was worse for those who went to trial. For readers who went to trial on at least one issue, it took an average of 18 months to complete the process—and even longer if they had to resolve two or more issues.
Do both parties have to sign divorce papers in Indiana?
You can get a divorce even if your spouse does not want it. Once the court issues a Decree of Divorce, you are considered divorced. Your spouse’s consent is not necessary.
Does adultery affect divorce in Indiana?
Adultery Laws in Indiana
Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.
Can you file for divorce in Indiana without a lawyer?
It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts. However, there is no requirement that you have an attorney to file a divorce, and if you cannot get an attorney, you can file the divorce on your own.
Does it matter who files for divorce in Indiana?
It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.
Where do you file for divorce in Indiana?
Divorce filing requirements
- A Petition for Dissolution of Marriage must be typewritten on 8.5-by-11-inch white paper.
- An original and one copy are required to be filed in the Marion County Domestic Relations Counseling Bureau located in the City-County Building, Room E540.
Who gets the house in a divorce Indiana?
How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.
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.
How long do you have to be married to get spousal support in Indiana?
Under IC 31-15-7, maintenance can be awarded as part of a divorce or legal separation decree, but the parameters of such an award are small. Generally, but for maintenance due to incapacitation, the statutory maximum that a court will require maintenance is 3 years.
Can you divorce yourself?
Do-It-Yourself Divorce: Top Ten Tips
- You’re a Good Candidate if… You’re probably a good candidate for a DIY divorce if: …
- Do You Have the Time and Temperament? …
- Consider Mediation. …
- Mediated Divorces Save Money. …
- Don’t Overlook Tax Issues. …
- Avoid DIY if There is Anger or Deception. …
- Start With Your County Clerk. …
- Check Out Legal Document Preparers.
Are you forced to sign divorce papers?
You are not obligated to sign the divorce papers, but not signing the papers won’t keep him from getting a divorce. If he files the divorce and you file a response, then if the two of you cannot work out a settlement, then the case goes to trial for the court to decide the terms of the divorce.