Indiana Divorce Steps

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Indiana is a state in United States that is known for its military installations. Thus, divorce laws in Indiana include provisions for the members who have been stationed at these military camps. The residency requirement for military member or a civil citizen of Indiana is six months. The county court requires residency proofs of at least three months before filing a petition. As every state has its own versions of family law, Indiana also follows the rule. The Indiana divorce steps are mentioned below to clarify the overall process of divorce.

Indiana Divorce Steps regarding documents

In contested divorce cases, steps must be taken to fill the following documents:

  • Petition for Dissolution of Marriage that is divorce complaint
  • Summons or notices as announcement of divorce and related matters
  • Notice of Provisional Hearing

In uncontested divorce cases, the following documents are essential.

  • Property Settlement Agreement
  • Waiver of Summons
  • Waiver of Final Hearing Petition for Dissolution of Marriage
Indiana Divorce Steps in a Provisional Hearing

Another term for a provisional hearing is a temporary hearing. It is arranged in the case where a petitioner is in need for a survival resources and he or she wish to obtain it from the partner. The following steps can be taken during this hearing:

  • If any divorcing partner is in need of possession of property till a decision is made in the Final Hearing, this issue can be propped up during the provisional hearing

  • Either divorcing partner can request a temporary restraining order. However, as per the laws of this state, This sort of order is restricted to property issues only. So, the matter will be limited to division of property only. The alimony or spousal support will not be given through temporary orders

  • A protective order proceeding can be executed for protection of the spouses and the children. As per the laws of this state, a protective order must be filed separately and connected to the original case

  • The court can pass orders that the divorcing spouses must seek counseling for their children or for self under the following conditions:
    • The court creates a request for counseling of partners who have children less than 18 years of age that is parents of minor children
    • Any divorcing partner, a child of the divorcing partners, the guardian of the child, a special advocate appointed by the court or the court creates a motion for counseling of the child
    • Either or both divorcing partners create a motion for counseling with an intention of enhancing the circumstances of the marriage.

  • If any divorcing partner has displayed a behavior of family or domestic violence against any household or family member or there is an absence of consent of both parties, then, joint counseling is prohibited. In this case, the court issues the order for protection using its judiciary powers.

Divorce Steps to terminate the divorce procedure

As per Indiana law, after the date of filing the petition, a period of sixty days must pass and after this the divorce can be finalized. The intention of this period is that the parties should get an opportunity for reconciliation. In order to finalize the divorce, it is not essential to always attend the court.

If by any reasons the partners decide to cancel a divorce procedure in the waiting period and give themselves a second chance to be together, the divorce shall be terminated by legal process. Or the spouses may decide to have a mutual separation in waiting period.

Following steps have to be taken for this purpose:

  • The divorcing partners might reconcile and consequently, the divorce case is dismissed
  • Some counties in this state insist of mediation rather than scheduling a hearing
  • The divorcing partners reach a settlement and accordingly file a written Property Settlement Agreement. There is no need of conducting a hearing
  • The divorcing partners reach a settlement, but do not file a written agreement in the court. A Final Hearing is scheduled during which the partners orally discuss the agreement with the court
  • A Final Hearing is scheduled during which the divorcing partners present evidences in the court. They leave it to the judge to take the final decision regarding their case

In this manner, Indiana divorce steps can be explained. It is important to remember that a person has to be in touch with all legalities and formalities concerning a divorce to make it quick and cheap.

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