Do you want to know how to file for divorce in Indiana?
In Indiana, both fault and no-fault divorces are available. A fault divorce assigns responsibility to either party and is only contemplated if one spouse feels there is reasonable proof of a criminal conviction, impotence, or insanity. A no-fault divorce, on the other hand, assigns no blame and merely asserts that the marriage is “irretrievably broken.”
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Requirements for Residency
To petition for divorce (dissolution of marriage) in Indiana, at least one of the spouses must have lived in the state (or been stationed there with the US military) for at least 6 months prior to the filing of the divorce papers. At least one of the spouses must have lived in the county of filing (or been stationed there with the US military) for at least three months.
Complete your Forms
Divorce applications in Indiana must be filed in the county’s Superior Court, Circuit Court, or Domestic Relations Court, depending on the county. This court will then give the case a number and have the authority to facilitate and issue orders concerning property, debt, support, custody, visitation, and anything else that is challenged or a component of the marriage that must be split. Every document submitted with the court must include the name of the court at the top of the document.
The Petition for Dissolution of Marriage is the first document that must be submitted. The partner applying for divorce must explain why he or she is filing and offer a general account of the marriage in the petition. (for how long, how many children, properties, etc.).
The paperwork must be served to the Respondent (the Petitioner’s spouse) when they have been created and filed.
If the case is not challenged, no trial is required, and the couple’s marriage will be canceled with a judge’s consent. If the matter is challenged, it will either proceed to trial or the couple will reach an out-of-court settlement. If the issue gets to trial, the court will make choices based on “equitable distribution” regulations in Indiana. The marital property will be split in an equitable manner, which implies fair rather than equal. When it comes to children, their custody is likewise at the discretion of the court when they are involved in a case in Indiana. When placing children, the court takes various variables into account and is sympathetic to the child’s needs and desires.
