Divorce in Indiana: What You Should Know


Divorce in Indiana: What You Should Know

Quite recently there was a family, standard home and life. However, for some reason, everything changed, discomfort arose in the relationship, and a mutual understanding was lost. In each family, there are many problems. Unfortunately, most of them are pushing the spouses to an important step, namely divorce. Just yesterday, a happy husband and wife were two halves of one whole, but today they are experiencing stress and mental agony. In addition to psychological problems, people face other issues.

To get a divorce in Indiana, you need to overcome some difficulties: prepare documents, go through instances and survive all the unpleasant moments that the divorce process entails. In order not to get confused, the spouses should know the legislation that regulates the divorce, as well as has a common understanding.

How to Submit Documents to Start the Divorce Process?

To apply for divorce, you must live in the state for six months and be a resident of the district in which you use for three months. By agreement, the parties may apply to the community in which they do not live.

Call in advance to the district where you or your spouse live and find out what documents are required of you in order not to waste time. Provide at least three sets of documents needed. There should be one package of materials for you, the second for the employee and the third for serving the second side.

According to state law, all documents that contain confidential information must be printed on paper of light green color. By confidential information, it is meant bank account numbers, insurance numbers, and any similar information.

How to File for Divorce

You must provide the second party with a copy of the divorce documents. According to the law, you are allowed to settle the other side employing a certified mail, and you can use a private process server or use the sheriff’s services.

Regarding the use of certified mail to notify the spouse, this option is suitable if you are fully confident that the second party will cooperate with you and accept the documents. Remember that you will need to provide proof for the court that you notified your spouse.

If you can resolve all issues by agreement, it is necessary to conclude an amicable settlement. When you cannot reach a consensus, then disputes must be addressed in court. Remember that the minimum period of the divorce process will be 60 days.

Information That Is Often Misleading

The divorce process is somewhat complicated. Since the legislation in each state is different, there are quite a few misleading myths. Here you will find real information that is not a myth.

In some states, the payment of alimony, that is, financial support to the former spouse after the divorce process still exists. Although this scheme is becoming less popular in recent years.

 However, in Indiana, there is no such thing as alimony, but there is a so-called “spousal maintenance,” which can only be obtained if the following conditions exist:

one of the spouses is incapable, as a result of which he cannot financially provide for himself.

  1. The spouses have a disabled child who needs special care.

Spouse for a long time did not work (in connection with the upbringing of children), and she\he needs time for employment.

     2. Under state law, you can file for divorce without any particular reason. However, the legislation provides for the following reasons for divorce:

the irreversible breakup of the marriage;

a spouse is impotent;

one spouse has an indistinguishable mental illness;

One of the spouses was convicted of a serious crime.

    3. As practice shows, usually, such a reason as irreversible divorce proceedings without providing any details is indicated. The court does not need features only if it does not threaten potential harm to children or criminal activity is involved.

  4. The divorce process may begin even if one of the spouses does not agree to this. However, this can significantly complicate the whole process. The court can make a decision even without the permission of the second party.

    5. There is a mandatory cooling period which is 60 days. On the 61st day, there is an opportunity to file a settlement (only if both parties agree to this) and refuse to continue the divorce process.

    6. Many believe that the party that first files for divorce have several advantages. It gives absolutely no gain to the party before the court. The only power is that it is possible to choose a court or judge. However, the defendant can submit a request to change this.

What About the Joint Property?

In this state, all debts and family debts are combined and then distributed according to the decision of both parties. The parties may agree on the distribution, in the case where there is no consistency, the court may award a uniform distribution.

Asset means:

  • all bank accounts and cash;
  • jewelry and precious items;
  • insurance;
  • the property;
  • vehicles;
  • companies, business.

It should be noted that after filing a petition for divorce, all acquired property is not considered by the court as general and is not subject to division.

It is worth noting that the division of assets on the principle of equal distribution does not always apply. There are circumstances in which spouses do not consider such a disposition to be fair.

For example, in the case when:

  • acquired property before marriage;
  • inheritance or gift;
  • making irresponsible decisions by one spouse during a wedding (uncontrolled purchases or gambling);
  • a significant difference between the parties in the ability to earn.

Remember that if a lot of disputes accompanies your divorce process, then the lawyer’s fees will be high. Before you meet with your lawyer, be sure to prepare all the questions in advance that you need to know. This will help you save money, and also remember that your every call for trifles will also then be counted in the check for legal fees.

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