Indiana Divorce Procedures

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The divorce procedures in Indiana are differentiated into the following 4 types of which divorce form packets are available.

  • Without an agreement on all issues and without children
  • With an agreement on all issues and without children
  • Without an agreement on all issues and with children
  • With an agreement on all issues and with children

For each of the above mentioned varieties, different court forms packets are available. Although, the overall process is more or less the same, certain points may vary.

Illinois Divorce Procedure when there is agreement on all issues and there are children

This particular forms packet must be used if the following conditions are fulfilled.

  • Both the divorcing partners agree with each other regarding all issues like property distribution, parenting time and custody
  • None of the divorcing partners is serving in the military
  • The wife is not pregnant with the child of her husband
  • The divorcing couple has adopted or biological minor child or children
  • The Petitioner has resided in this state for minimum the previous 6 months and in the current county for minimum 3 months

This form of packet must never be used if the wife is pregnant or one or both the divorcing partners are in the military. If after going through the forms, the divorcing partners realize that there are certain special issues in their particular case that are not dealt with in the forms, then, they can procure legal advice from any attorney.

The form of packet comprises of certain pages filled with many questions that ought to be answered on a personal computer. As the questions are being answered, the forms are filled in simultaneously. On answering all the questions, it is essential to print the forms, make copies of them, sign all the copies and hand over these documents to the court clerk. The divorcing partner must enquire about the number of copies that are essential as per the local court rules.

The Decree of Dissolution of Marriage and Settlement Agreement and Verified Waiver of Final Hearing must be placed by the divorcing partners in a secure location as these are necessary at a latter stage of the divorce procedure.

When the divorcing partners submit the documents to the court clerk, this clerk provides a case number and stamp the forms with a filing date. A copy of these documents is handed over to the divorcing partner.

The Petitioner must mail a stamped copy of the documents to the Respondent or the Respondent's lawyer. If the petitioner has requested for a provisional hearing, the court dispatches a notice to the Petitioner that comprises of the date of the provisional hearing. As per the law in this state, minimum 60 days of waiting period must pass after the filing of the papers for the hearing to be executed.

After the waiting period of 60 days is complete, the below mentioned documents must be submitted to the clerk of the court.

  • The originals and copies of
    • The Decree of Dissolution of Marriage
    • The Settlement Agreement
    • The Child Support Obligation Worksheet
    • The Signed Waiver of Final Hearing
  • 2 stamped envelopes, out of which, one bears the address of the Petitioner and other bears the address of the Respondent

The court approves the settlement agreement only if the Petitioner has filed a completed Child Support Obligation Worksheet. In the absence of this worksheet, the divorce is delayed. The clerk file stamps these forms. It is necessary to ensure that the Respondent or the Respondent's lawyer has received the Waiver of Final Hearing.

After the Judge signs the Decree of Dissolution of Marriage and the Settlement Agreement, it can be expected that the divorce has become final. The divorcing partners receive a copy of the Decree and the Agreement in the mail.

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