How To File An Uncontested Divorce In Indiana
An uncontested divorce in Indiana is called a divorce “with agreement.” The forms you’ll use depend on your situation. Click on the link that best describes your situation to obtain the forms for filing your divorce.
Check out Indiana Legal Help’s detailed instructions for help filling out these forms.
The court will schedule a final hearing no earlier than 60 days after you file your petition. The judge will finalize your divorce by signing a dissolution decree.
Summary Dissolution
You can avoid having a hearing in your agreed divorce by asking the court for a “summary dissolution.” To get a summary dissolution, file the documents for an agreed divorce as well as:
- a written waiver of final hearing signed by both parties and
- a written and signed settlement agreement.
The court must wait at least 60 days after the petition is filed to enter the summary dissolution decree. .)
Choosing To Represent Yourself In Indiana Court
Choosing to Represent Yourself in Court”. Video developed by the Indiana Supreme Court Division of State Court Administration.
Although you have the right to represent yourself in any court proceeding. The Indiana Supreme Court does not encourage anyone to file and prosecute or defend their own divorce, paternity, protective order, or other civil or criminal case.
Representing yourself in court, may or may not be right for you and your decision to represent yourself may have long-term consequences. The forms on this website are intended to be a helpful resource but are not intended to be legal advice, only an attorney can provide such advice and instruction.
Learn more about representing yourself in this video developed by the Indiana Supreme Court.
What Do I Need To Access Divorce Records In Indiana
The request form used to obtain divorce certificates and decrees vary from county to county, but generally, requesting parties will need to provide:
- Requesting partys full name
- Date divorce was filed
- Phone number, email address, or other contact information
Government public record search portals and third party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records in particular may simply not be available through either source.
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How To Find A Divorce Record In Indiana
Indiana divorce records exist as documents that state, with varying levels of detail, that a divorce has occurred between two persons. A divorce, or dissolution of marriage records, is also known as a reversal or annulment. It occurs when the two people who were married decide to end their marriage in a divorce court. There are three ways that a government body can register these decisions: divorce certificates, divorce decrees, and divorce records. They are utilized to achieve different things. Divorce certificates, decrees and records are final divorce documents that can only be available after original divorce papers have been signed.
Divorce records are considered court records. They may therefore be searched on third party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce record, certificate, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.
About Instant Online Divorce
Getting a divorce does not need to be a headache. We have a guide that you can use to assist you through your divorce process online. In most cases, your forms can be completed in an hour or less. We only need you to answer some simple questions and we will use these questions to complete your divorce forms. You dont have to go through the tedious process of hiring an attorney and therefore there is no waiting! The process is very simple andyou can download the forms online!
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Indiana Divorce Forms With Minor Children
If spouses have children, the amount of paperwork they have to deal with may double. While filing for marriage dissolution with kids, couples usually have to fill in and file the following divorce papers:
In this document, spouses determine the type of custody they would like to maintain over their kids. They also have to outline how much time the child is going to spend with each parent, where he or she is going to live and study, how disputes are going to be resolved, etc.
This is a document, which determines the financial obligations of both parents towards their children. The laws concerning the amount of payment and the party who will make it are usually detailed in the state guidelines.
In certain cases, parents will be mandated to take up classes on how to help their children deal with a divorce. After passing the course, they will be required to submit the certificate proving the completion.
As you can see, these forms are quite elaborate, and there are questions that might be hard to understand if you rarely work with legal documents. In case you find yourself stuck trying to find case-specific forms or fill them out, using an online service will help you cope with this problem in a matter of hours.
Do I Need A Lawyer To Get Divorced In Indiana
Indiana law does not require you to institute, or respond to, a divorce proceeding with attorney assistance. However, it is best to contact an attorney to help you determine what difficulties you might face before you decide to proceed alone.
OâFlaherty Lawâ¯understands theâ¯complex processâ¯of getting a divorce in Indiana. Our family law lawyers have years of experience in family and divorce law We can prepare you for the expected and unexpectedâ¯issues when going through a divorce.
Call our office at 324-6666, emailâ¯, orâ¯schedule a consultationâ¯with one of our experienced family lawyers today. You can also fill out our confidentialâ¯contact formâ¯and we will get back to you shortly.â¯â¯
About the author
Kevin OâFlaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.
What to Expect From a Consultation
The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Consultations may carry a charge, depending on the facts of the matter and the area of law. The cost of your consultation, if any, is communicated to you by our intake team or the attorney.
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What Do I Include In My Divorce Paperwork
You must include in your Petition for divorce the following information:
- the state and county of residence of each party to the marriage
- the date of the marriage
- the date on which the parties separated
- the name, age and address of any living child less than twenty-one years of age, any incapacitated child of the marriage and whether the wife is pregnant
- the grounds for dissolution of the marriage
- the relief sought
- if the guardian of an incapacitated person is filing the petition for dissolution of marriage on behalf of the incapacitated person, the name and address of the guardian and
- whether either party is a lifetime sex or violent offender.
How To Obtain Indiana Divorce Court Records
Requesting parties can obtain copies of divorce decrees by mail or in person at the Clerks Office during their listed business hours. For the most part, divorce decrees are not made available for access online. To obtain a certified copy of a divorce decree, it is necessary to contact the clerk’s office in the county where the divorce was finalized and fill out a request form.
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Indiana Spousal Support Guidelines
Maintenance will be awarded to a spouse who:
- Is physically or mentally incapacitated to the extent that he or she is unable to support himself or herself or
- Lacks sufficient property to provide support for himself or herself and any incapacitated child and must forgo employment to care for the physically or mentally incapacitated child.
- The time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
- The educational level of each spouse at the time of the marriage and at the time the action is commenced
- Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or childcare responsibilities, or both and
- The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence or absence from the job market. .
How Much Is Involved With The Divorce Paperwork
The answer to that question is many-fold. Are there children of the marriage? Do the spouses own real estate? Are the spouses in agreement on anything?
The answer to how much paperwork is involved depends on many factors. As already discussed, an Appearance, Petition and Summons must be filed. Additionally, you may have to:
- complete a mandatory on-line parenting workshop, and provide proof of compliance to the court within thirty days of filing your petition
- attend a mandatory co-parenting class, and provide proof of compliance to the court within sixty 60 days of filing your petition
- submit a parenting plan proposal to the other side or the court
- submit a child support guidelines worksheet to the other side or the court
- submit a parenting time credit worksheet to the other side or the court
- submit a post-secondary education worksheet to the other side or the court
- submit a financial declaration form within thirty days of filing your petition to the other side or the court
- submit documents backing up all representations in certain forms to the other side or the court
It is best to consult a lawyer to determine what documents you need to file with the court, present to the court or to exchange with the other side, and what supporting documents must be produced in your particular situation.
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Residency Requirements In In
To file for divorce in Indiana, spouses must meet two residency requirements:
How Can I Get More Help With Indiana Online Divorce
Indiana 3StepDivorce⢠provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Indiana Divorce Online Help Center at 665-6782 , Monday through Friday from 8 am to 5 pm .
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Indiana law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
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How To Use The Forms:
File For Divorce Online In Indiana Without A Lawyer
Filing Requirements for Online Divorce in Indiana
In Indiana, divorces are handled by the Judicial Branch of Indiana. To file for divorce independently without involving an expensive lawyer, a couple can download the necessary forms and fill them out. Then, if spouses need help with documents, they can turn to OnlineIndianaDivorce.
Also, the couple should meet residency requirements. Finally, when preparing divorce forms, ex-partners must clearly state the legal grounds for divorce.
In Indiana, spouses can file for a no-fault or fault divorce. Depending on which type of divorce a couple chooses, the legal grounds for divorce will also differ.
No-Fault Grounds for Divorce
In Indiana, a no-fault divorce is the “irretrievable breakdown” of a marriage. If there is no opportunity for reconciliation, the court allows divorce on this basis.
Fault-Based Grounds for Divorce
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Important Definitions And General Responsibilities When Representing Yourself
“General Responsibilities” of “Family Matters: Choosing to Represent Yourself in Court”. Video developed by the Indiana Supreme Court Division of State Court Administration.
Petitioner: The person who files or presents the action to the court is the “Petitioner”.
Respondent: The person who the suit is against is known as the “Respondent”.
You will keep the title of “Petitioner” or “Respondent” throughout your case.
Pleading- Each piece of paperwork presented to the court is known as a pleading.
You should research the statutes, rules, and the law as it pertains to your case. The court staff may be able to help you find this material, however, they are not allowed to help you fill out your paperwork or provide legal advice.
You must provide copies of all court files to the other parties in your case.
What Is A Summons Is It In The Indiana Divorce Forms
A summons is a document that must be served upon your spouse, along with a copy of your divorce petition. Many counties in Indiana will provide a copy of the summons that is used in that particular county on their county websites or within the local rules that can be accessed via the Indiana Supreme court website. For an explanation of what âlocal rulesâ are, visit the Indiana Legal Help website.
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Divorce With Children And Without Agreement
This form packet may be helpful for spouses that want to ask the court for a divorce AND 1. One or both spouses have lived in Indiana for the last six months and2. One or both spouses have lived in their current county for at least the past three months and 3. The spouses have biological or adopted minor children together and4. The spouses DO NOT HAVE an agreement on custody, parenting time and/or how property and debts should be divided.
These Divorce With Children and WithoutAgreement forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed.
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Waiver Of Final Hearing
Regardless of when the couple finalizes their marital settlement agreement, the divorce wont be official until at least sixty days have passed since the initial divorce documents were submitted. After sixty days, the parties must fill out the Verified Waiver of Final Hearing. This form will notify the court that the couple has settled the divorce terms and wish to waive their right to a final hearing. Once signed, the waiver must be submitted to a court clerk.
What Are Indiana Divorce Certificates
The state of Indiana considers these records accessible and viewable to the public, but only those involved such as the two divorced parties along with their attorneys can access certified copies of divorve certificates. This document functions as a simple statement that a divorce has occurred because the divorcing parties have signed divorce papers and gone through the needed legal process. The only information held within a divorce certificate is the first and last names of the two parties, along with the location and the date the divorce was finalized. It does not contain information on the divorce agreements. Divorce certificates are mainly used by the two divorce parties. They can be easily requested by those involved, and are used for the purpose of ordering another marriage certificate or to change one of their names.
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Requests To Access Or Delete Household Information
We will not comply with a request to know specific pieces of information or a request to delete household personal information unless the request is made by the account holder or all consumers of the household jointly request access to specific pieces of information or deletion, we can individually verify all members of the household and we can verify each is currently a member of the household. If a member of a household is a minor under 13, we must obtain verifiable consent before complying with a request for specific pieces of information for the household or deletion of household personal information.