What should you know about divorce proceeding in Indiana?

May 6, 2019
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Unfortunately, life consists not only of pleasant moments. One of them is a divorce – an event associated with the emotions and changes in the financial affairs of each spouse.

Here we have collected the main aspects concerning the conduct of divorce in Indiana state.

Children is the most significant

If you have minor children, then, first of all, you need to decide what will happen to them: who will take care of them and what will be the amount of alimony. Together with the statement about the dissolution of the marriage (or even before its filing), you must submit a proposal to change the living conditions of minor children after the divorce of their parents.

To do this, according to the law, it is possible if you do not live with the second parent of the child, and also do not lead a joint household with him.

Application for alimony is submitted by one of the parents in the district court, where the child’s residence is. There is no government fee for this application. The first court hearing will take place in about a month from the date of filing.

Ideally, if you prove that you can negotiate with your former spouse or wife to raise a child, in this case, the court will take into account your agreement. If the spouses do not come to the prevailing opinion, the court will determine the form of raising the child after the parents’ divorce.

Statement of divorce

You should specify:

•    court name

•    name, date of birth and addresses of both parents

•    date and place of marriage

•    names and dates of birth of children

•    an explanation of what you want to achieve by filing a complaint (that is, for example, you propose to dissolve the marriage) and for what reason (it is better to describe the situation in detail)

•    date and signature

Need to attach:

•    copy of a marriage certificate

•    copies of birth certificates

•    an agreement on property relations between them, as well as, if necessary, an agreement on the payment of alimony after the divorce

•    approved by the court agreement on the further education of minor children

An application for divorce is filed with the district court for the registration area of the last ordinary residence of the spouses if one of them lives in the city on the day the document is submitted. If such a court does not exist (for example, one of the spouses lives abroad), you must apply to the court, which is located in the place of residence of the initiator of the divorce. This is a significant point because if the application is submitted to the wrong address, the court will refuse to consider it and will send the documents to another court that corresponds to the national affiliation, which, undoubtedly, will only slow down the divorce procedure.

You can pay a state duty directly when you apply, by purchasing a particular brand or by transferring to an account. The second option is to wait until the court in writing calls you for payment. After receiving such a letter, you need to pay the fee within three days. Otherwise, the court will suspend consideration of the case. In case of financial difficulties, you can apply for a reduction in the amount of the duty. It is curious that if the spouses change their mind and withdraw the application for the dissolution of the marriage before the moment when the court makes the decision, the state duty is fully returned.

If the application is incomprehensible or incomplete, the court will call upon the participants in the process to amend or supplement it or to bring the missing documents, at the same time setting the period during which it needs to be done. After that, it remains to wait for a subpoena.

No mutual claims

There is a particular term to designate a divorce by mutual consent and the absence of disputes between spouses. If under such conditions, the application for divorce was filed correctly, the court will not consider it for a long time and divorce the spouses. However, there are exceptions. The law is insured against rash divorces, and therefore it is possible to terminate only the marriage that lasted at least a year and provided that the parties agreed on the further upbringing of their children (which, as mentioned above, must be approved by the court). If the meaning of these documents contradicts the interests of the child, the court will reject the application.

If the parties do not agree

Worse if the spouses cannot come to a prevailing opinion: one of them does not want to divorce, or he is not satisfied with the conditions of the division of property or raising a child. The court will examine the reasons for the divorce. The judge will issue a decision on separation if during the process it is proved that the married life is so ruined that it can no longer be resumed. But first of all the bailiffs are interested in the one who became the cause of the collapse of the marriage.

If one of the spouses does not agree with the divorce, because he is not involved in his collapse and, at the same time, he suffered significant damage, the court may refuse to dissolve the marriage. If the spouses have not lived together for more than three years, the court will divorce them despite the disagreement of one of them.

This type of divorce can be a real suicide without a lawyer. You should always take into account the fact that your former or former asked for legal assistance from specialists.

How much does a divorce cost in Indiana State?

In the case of divorce, the most expensive part is a good lawyer. However, without him, the former spouse can rob you. The cost of services varies at different lawyers. Of course, much depends on the location and prestige of the law office.