Uncontested Divorce in Indiana

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Divorces are quite common in Indiana. Many couples file for uncontested cases in Indiana. In an uncontested process, the divorcing spouses resolve all the conflicts on their own or with the help of lawyers and prepare an agreement that is mutually-satisfying. Once the couple files for the case, the judge reviews the document and if they find it fair enough, they grant the uncontested divorce. In Indiana, the Petitioner files for such cases in Superior Court, Domestic Relations Court or Circuit Court in the county of residence. There are a number of requirements that the divorcing couples have to meet before obtaining an uncontested divorce in Indiana.

It is worthwhile to possess relevant information about your case. Some of the major aspects of an uncontested case are elaborated here:

Initiating Uncontested Divorce in Indiana

According to the Indiana state laws, anyone of the divorcing spouses should live in Indiana for a minimum period of 6 months. Moreover, one of them must have resided in the county for a minimum period of 3 months prior to filing for the case in the court of that county. These conditions are also applicable for military personnel stationed Indiana state. Another condition is that the separating wife should not be pregnant.

Grounds for Uncontested Divorce

One can file for such a case on the basis of the following grounds:

  • No-fault: Irretrievable breakdown of marriage
  • Fault: These include:
    • Felony Conviction
    • Incurable mental illness for a period of two years
    • Impotence during the time when the couple got married

Marital Settlement Agreement

The divorcing couple must make a Marital Settlement Agreement with the assistance of a law firm and in this particular agreement the following must be specified:

  • Child custody
  • Liabilities
  • Assets
  • Property Division
  • Tax returns

Documents needed in Uncontested Divorce in Indiana

In order to start with the case, a couple will need some important papers:

  • Verified Petition for Dissolution of marriage
  • A Marital Settlement Agreement
  • A Summons form
  • An Appearance form
  • If any couple is unable to afford the case fees, they need to file for a Verified Motion for Fee Waiver and Order of Fee Waiver.
  • When a couple agrees to all the conditions of their case, they must file for a Verified Waiver of Final Hearing.
  • A Notice of Provisional Hearing, when the separating couple has any minor kid.

All these documents must be filed at the local court with the court clerk. It is recommended that the separating couple carries two additional copies apart from the original document. A stamped addressed envelope for the spouses will also be required.

Service of the forms

The Petition package and Summons is served to the Respondent in anyone of the 3 ways mentioned below:

  • Court clerk's certified mail
  • Sheriff's personal service
  • An uninterested individual's personal service (a person who is not related to the case is selected)

The Respondent is served, the "Return of Service" part of the Summons form. Then the Server completes the form and file it with the court or posts it to the Petitioner.

Procedure when minor kids are involved This process applies only to those divorcing partners who have minor children. Let us suppose that the necessary forms are filed in the court and the Respondent has been served. Then, the couple receives a "Notice of Provisional Hearing". This notice intimates the couple of a Provisional Hearing.

The couple needs to be present for the hearing process. They must carry some important papers:

  • A Post-Secondary Education Worksheet (just in case the kids are studying in post-secondary school)
  • A temporary order
  • A credit worksheet for parenting time
  • A child support worksheet
  • A financial declaration (only when demanded by the court)

At this hearing, the Judge Issues orders pertinent to child care. These are to be obeyed until case is finalized.

The divorcing couple may be instructed by the Court to remain present at a Parenting Program. A Certificate of Attendance at this program has to be filed so that the procedures can be continued.

Finalization of the case

According to the state laws, a waiting period of sixty days is required between the date when the case is finalized and the date the petition was filed. Some forms must be completed at this stage:

  • A Decree of Dissolution of Marriage form
  • A Verified Waiver of Final Hearing form

It is better to have four photocopies of the forms - one for the court, the judge, and one each for the divorcing partners. The divorcing couple should submit two stamped addressed envelopes when they file these forms. After the petition for divorce is approved, the couple is mailed a copy of the Final Decree.

To sum-up, it can be said that the far-reaching effects of a case can be softened or minimized by the divorcing couple by reaching a consensus regarding the significant aspects of the case. As they reach a complete agreement with respect to the major issues, they can have a healthy post-divorce life. This is very conducive from the point of the children's well being. This is same for couples willing to go for uncontested divorce in Indiana.

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