Indiana Divorce Questions

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When a couple plan to separate and make it legal by filing for divorce. They have to go through legal paper work. Divorce might drain one emotionally and the paperwork during divorce proceeding may drain one of all their energy. Therefore, before filing for divorce you should be aware about important details about divorce proceedings and related legal rights. To apply for divorce in a particular state, you should know about the divorce laws followed in that state, whether common laws are applicable in that state or not. All these questions will be answered. We have created a list of important and relevant Indiana divorce questions that you can go through to get your queries resolved.

Some examples of Indiana Divorce Questions:

Q. Give the names of some documents required for a divorce?

A. The document that initiates the divorce procedure is known as Petition for Dissolution of Marriage. The document through which the divorce is granted is called as Final Dissolution of Marriage Decree.

Q. How are the divorcing partners identified in this state?

A. The divorcing partner, who files the Petition for Dissolution of Marriage, is termed as the Petitioner. The spouse of the Petitioner is called as the Respondent.

Q. What are the residency requirements in Indiana?

A. There are a couple of requirements as follows.

  • Either one or both divorcing partners must be living in this state for minimum 6 months before the filing date of the Petition for Dissolution of Marriage
  • Either one or both divorcing partners must be staying in the county wherein the Petition is filed for minimum 3 months immediately before the Petition was filed
  • Q. What is the status of common laws and no fault laws in this state?

    A. Common law marriages are not recognized in this state. No Fault divorces are acceptable in this state.

    Q. Is it possible that both divorcing partners are represented by a single divorce attorney?

    A. It is permitted that a single divorce attorney would prepare all the paperwork of both the divorcing partners. However, both the divorcing partners cannot be represented by a single lawyer in the court.

    Q. Is it compulsory to hire the services of a divorce lawyer in this state?

    A. As per the laws in this state, every divorcing partner has the right to represent self in court. It is not mandatory to hire an attorney. However, practically it is observed that as lawyers have better knowledge of the divorce process than the layman, they would represent the interests of their clients in a superior manner.

    Q. What grounds of divorce are acceptable in Indiana?

    A.

    • Incurable insanity of any divorcing partner for a time span of minimum 2 years
    • Impotence that existed at the moment of marriage
    • Conviction of a felony by either party
    • Irretrievable breakdown of the marriage

    Q. What are the visitation rights of grandparents in this state?

    A. In the below mentioned conditions, the grandparents may seek visitation rights.

    • If the marriage of the parents of the child or children was dissolved in Indiana
    • The child or children was born out of wedlock
    • The parent of the child or children is dead

    Q. Which factors are considered by the court while deciding the amount of child support?

    A. The court orders both or any one parent to disburse a reasonable amount as child support irrespective of the marital misconduct. Some of the factors that it considers while determining these amounts are as under:

    • The financial resources and requirements of the non custodial parent
    • The educational needs of the child
    • The mental or physical condition of the child
    • If the marriage would have not crashed into a divorce, then the standard of living the child or children would have experienced
    • The economical resources of the custodial parent
    Q. What is the simplified divorce procedure in this state?

    A. In Indiana, if the certain important requirements are then, the court does not hold any hearing and enters the summary dissolution decree. These important requirements are as follows:

    • It has been more than 60 days after the petition for dissolution has been filed
    • The petition includes details of the final hearing
    • Both the spouses have signed the petition
    • The petition contains a written agreement by the divorcing partners about the contested issues
    • The petition contains the statement that the divorcing partners have no contested issues
    • The court might conduct a final hearing to sort the contested issues.
    The Indiana divorce questions and their answers mentioned here will prove to be important guidelines for those planning to file for divorce in Indiana.

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