Indiana No Fault Divorce

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Every marriage cannot turn to be a successful marriage for every person. Most of the marriages end up on a saddened and stressful note, where the spouses have no other option but to opt for a legal process that would permanently end their marriage. The outcome of it is divorce. A no fault divorce is generally filed by those spouses who reach on a common agreement to get divorce from each other. Similarly, Indiana no fault divorce process has its own set of requirements and conditions to be fulfilled by both the parties. It is to be noted that some crucial issues such as property distribution is mainly done taking into consideration the principle of equitable property division method in the state of Indiana. If the divorcing partners opt for an uncontested divorce, then they get the liberty to take the final decision regarding property distribution. However, if the divorce is contested, the court listens to the arguments of both divorcing partners and then passes the final judgment over the issue.

Grounds of Indiana No Fault Divorce

Like every other state, Indiana State has its own laws and rights regarding the various forms of divorce. Similarly, Indiana no fault divorce can also be filed based on definite set of laws and policies. One should file for a divorce based on the grounds listed under the state jurisdiction. Similarly a no fault divorce can be filed on the grounds of irretrievable breakdown of the marriage. Moreover, there should be no reasonable possibility that the marriage can be restored. The marriage might be broken due to irreconcilable differences or incompatibility of temperament among the partners.

Residency requirements of Indiana No Fault Divorce

  • One of the divorcing partners must have been residing in this state for at least six months prior to the date of filing a divorce.
  • The divorce papers can be filed in the county wherein one of the divorcing partners is a resident.
  • One of the divorcing partners must have been residing in the county in which the divorce papers are filed for minimum three months immediately before the date of filing.
  • Sometimes there is a need of a third party to testify whether one of the divorcing partners has fulfilled the requirements of residency or not.

Summary Dissolution Decree

In some special conditions, a Summary Dissolution Decree, i.e, the final divorce decree can be presented by the court without conducting the final court hearing session. The conditions that must be fulfilled for this are as follows.

  • The divorcing couple must make a written agreement regarding settlement of any contested matters.
  • There must be a statement that there are no contested issues.
  • The Petition must be accompanied by a written waiver of the final hearing.
  • The Petition must be verified and signed by both divorcing partners.
  • After the filing date of the Petition for dissolution, sixty days must have passed which is considered as a waiting period before declaration of final divorce decree.

If there are some contested matters in the divorce, the court can plan a final hearing to settle those matters.

Indiana No Fault Divorce Procedure

Be it any divorce process, a definite and step-by-step procedure is to be followed by the divorcing individual. Here we are providing detailed information of the procedure that is followed while filing a no fault divorce in Indiana state.

  • First of all, the petitioner should file the no fault divorce case in the Superior court, circuit court or family court of the state. At the same time, the petitioner must ensure to receive the case number. While filing a petition, all relevant marital issues such as, property or debt division, child custody or support, settlement of visitation schedule etc, should be necessarily introduced in the initial phase of the process.
  • The divorcing individuals must ensure that the the court house name should be surely highlighted on the top of all essential divorce documents.
  • The main responsibility of the petitioner is to positively mention the divorce grounds, on the basis of which the divorce case has been filed. At the same time, the basic information such as, length of the marriage, number of children, marital property etc., should be clearly provided while filing a no fault divorce.
  • The divorcing spouses must ensure that crucial issues such as, property division should only be based on the equitable distribution principle. It means it is not necessary that property will be distributed equally. A fair and justifiable division of marital property is taken place after careful consideration of the need of both the spouses.
  • Some critical issues related to children such as, child custody and child support matters are mainly decided after considering the child's personal interest.

Role of Premarital Agreements

A premarital agreement is effective only when it is presented in a well written form with the signatures of both the divorcing partners. a. A premarital agreement can be altered or canceled anytime during the course of the marriage. This is done by means of a written agreement on which both the divorcing partners put down their signatures.

The premarital agreement cannot be enforced when one of the divorcing partners proves one of the following:

  • The agreement was unconscionable when put in practice
  • The agreement was not carried out in a voluntarily manner

Therefore, it is not necessary that a premarital agreement will prove useful for the court house while granting a no fault divorce in the states like Indiana. Indiana no fault divorce has various rules and one should abide by these rules when filing a divorce in this category.

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