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INDIANA DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Indiana. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in Indiana Made Easy (See Indiana Divorce Help Center)
- Time Frame: Indiana requires a 60-day waiting period before a court grants a final decree.
- Where to File: Superior Court or Domestic Relations Court. "___________Court of__________ County, Indiana." (See Indiana Court Addresses)
- Statute Statutes: Title 31, Article 15.
- Name of Action: Dissolution of Marriage.
- Name of Parties: Petitioner, the filing spouse, and respondent, the non-filing spouse.
- No-Fault or Fault and No-Fault Only: No-fault and general grounds.
- Primary Documents Filed: Petition for Dissolution of Marriage and Final Dissolution of Marriage Decree. (See IN Forms List With Explanations)
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: Yes, when marriage should be maintained even though partners cannot live together.
- Grounds: No Fault, which means Irretrievable breakdown of the marriage, and Fault, which includes: felony conviction of either of the parties; impotence, or incurable insanity for a period of at least two (2) years. (See Indiana Laws for Divorce)
- Residency requirement: Either spouse must have been a resident of Indiana for at least six months and one party must have been a resident of the filing county for at least three months.
- Mediation Required: The judge determines whether mediation should be required, considering the ability to pay, and whether "mediation is appropriate in helping the parties resolve their disputes."
- Counseling Required: The dissolution of marriage may be delayed up to 45 days to seek counseling when either spouse or the court believes there is a reasonable chance of reconciliation.
- Parenting Classes Required: Parenting classes are at the discretion of the judge.
- Filing fee: The filing fee varies from between $132 and $152, depending on the county. (See IN Filing Fee Waiver Form)
- Where to File for Child Support: In Indiana, help can be had by calling the Child Support Customer Service Kidsline, (317)-233-5437 and (800)-840-8757. Kidsline customer service hours are Monday - Friday 7:00 a.m. to 6:00 p.m.
- Child Support Guidelines Model: Child Support guidelines are set out in the Indiana Rules of Court and based on the income shares model, based on gross income.
- Property Division: An equitable distribution state, Indiana follows the all property model.
- Appreciation of Separate Property: The appreciation of separate property is marital.
- Attendance at Hearing: No, as long as both spouses sign the hearing waiver form.
- Fault Considered in Property Division: Indiana is a no-fault divorce state. However, if the Court finds one spouse dissipated marital assets, (i.e., gambling, poor business investments) it may consider this conduct in deciding that an equal division of property is unfair.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: The petitioner or his or her attorney designates the manner of service. Otherwise, the county clerk makes service by mail or other public means provided the address of the respondent is on the summons or can be determined.
- Learn More About Indiana Divorce.
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