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Divorce in Indiana is officially referred to as a dissolution of marriage. This state is known as being a “no-fault divorce” state, which means you do not need to get into all the details and reasons for why you are choosing to get a divorce. Rather, a couple simply must state that the marriage is “irretrievable broken”. If you choose to go the fault-based road, there are three grounds to divorce including insanity, impotence and felony conviction.
In order to file for divorce in Indiana, there is a residency requirement. One part of the two must have been a resident of Indiana for at least six months and in the county in which they are filing for three.
All divorces in Indiana require the following forms to be filled out:
Once the forms are filled out, they must be filed with the office of the clerk of court in the county in which you reside. Any documents you need to fill out and turn in that are considered confidential must be printed on light green paper. Confidential information includes the following:
Once the forms are filled out and filed, the next step is to actually present or “serve” the other party with your filing for divorce. This allows that person to have the opportunity to file a reply and/or a counterclaim. You can serve forms in Indiana by mail and by a sheriff service. Both parties must also disclose any and all financial information, which includes any income, debts and/or assets they may have.
Working out an overall divorce agreement can be tricky, but if you and your spouse can work this out on your own, it is much less expensive. Any agreement must still be filed with the courts. There is a 60 day period of waiting before courts in Indiana give any final official ending of marriage.
The divorce process in Indiana can be very confusing and even intimidating. Your future is at stake and it is important to take these matters very seriously, as they will affect your financial means, your child custody and support if you have children, and how property will be divided up. Do not go through the divorce process alone, rather seek the legal help of a professional Fort Wayne divorce lawyer that can help you maneuver your way through it.
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