Process of an Indiana Divorce Case

Ending a marriage isn’t easy for most people. And, the process is rarely straightforward for couples that divorce in Indiana. In order to end a marriage in Indiana, you must file a case in court. But, it is more complicated than it sounds.

The theory is that you file a request to end your marriage, deal with the waiting period, and then the court issues an order granting the divorce. However, there are a lot of things that can go wrong. It is why an experienced divorce attorney is recommended to navigate the divorce process in Indiana and help you avoid the pitfalls of self-guided divorce.

Beginning the Indiana Divorce Process

A spouse begins the divorce process in Indiana by filing a petition for dissolution of marriage. It must include the following information:

  • State and county that each spouse lives and for how long
  • Date of the marriage
  • Date both spouses separated
  • Names and birth dates of both parties children who are younger than 21 years old or incapacitated
  • Grounds for divorce or dissolution of marriage
  • The request for dissolution of marriage
  • If either party is a registered lifetime sex or violent offender

The state of Indiana prefers that you file for divorce in the county in which you reside. The possible grounds for divorce include:

  • The irretrievable breakdown of the marriage
  • A felony conviction of party after the marriage
  • The impotence of either party that existed prior to the marriage
  • Incurable insanity of either party lasting at least two years

The person filing for the divorce is called the petitioner and is responsible for serving the divorce petition to their spouse, known as the respondent. The respondent spouse may sign papers waiving service of process when the divorce is amicable. However, more complicated divorces might require sending a summons by certified mail or through a process server.

It will take an Indiana court at least 60 days to grant the dissolution of marriage. The waiting period is the same regardless of whether it is contested or settled before then. And, the divorce is not final until the judge issues a decree of dissolution.

Provisional Orders

The court believes that joint financial life freezes in place when you file a dissolution of marriage. What you own and owe stays in place until decisions and settlements are made. However, life does move on during a divorce, and ongoing financial obligations like mortgages and childcare are still there.

You can request that a judge sets out rules about obligations and rights while the divorce is pending. In Indiana, the divorce process allows either spouse to request a provisional order, which may include the following:

  • Which party is responsible for which bills
  • Which party will be living in the primary marital residence
  • The parenting schedule of each spouse
  • Which party will pay child support, and how much
  • Does either party require spousal support

Provisional orders remain in place until the dissolution of marriage is granted unless they’re removed or modified by the court.

Child-Related Issues in Divorce Proceedings

The divorce process is overwhelming and often scary. When children are involved, it can become more contentious quickly. The dissolution of marriage in Indiana must address legal custody, parenting time and visitation, and child support.

Disputes about child-related issues in a divorce are common. They include which parent has the authority to decide the child’s upbringing, how much time each parent spends with the child, or a parent’s real income while determining child support.

How long does it take to get a divorce in Indiana?

The minimum period to get a divorce finalized in Indiana is 60 days from the filing date to the date of the final divorce decree. However, most divorces are not resolved that quickly and tend to have at least some disputes. Even the most amicable divorce requires financial documentation and tally debts of the parties.

You can file a settlement agreement along with a request that the court approves the same and dissolve the marriage without a hearing. But, the soonest a judge will issue a decree is 60 days. 

The divorce process in Indiana is complicated and requires a lot of skill and patience. You will not get the same results with self-guided divorce as you would with a professional divorce attorney. 

Church Langdon Lopp Banet Law Firm knows and understands Indiana divorce law and will protect your rights during a difficult divorce. We dutifully serve our clients and steer them through the divorce process so that you can start over on the solid ground.

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