The Basics of The Divorce Process in Indiana

Deciding to get a divorce can be emotionally overwhelming and exhausting, but navigating the process can feel even more daunting. Each state has its own regulations, and what you know may not necessarily apply to a divorce in Indiana. Fortunately, at Crell Law, we have years of experience guiding individuals through the divorce process with ease. In this post, we aim to provide a clear and concise overview of the divorce process in Indiana, helping you understand what to expect as you move forward.

Determine Your Grounds for Divorce

Before filing for divorce in Indiana, it’s important to determine your grounds for divorce. Indiana offers both fault and no-fault options for divorce. A no-fault divorce can be granted if the marriage is “irretrievably broken,” meaning that there is no chance of reconciliation between the parties. This option requires a written agreement between both spouses and may require a waiting period before the finalization of the divorce.

On the other hand, fault-based divorces are based on specific reasons such as adultery, felony conviction, impotence, or incurable insanity. This option has no waiting period but may require proof of the alleged fault.

It’s essential to consult with an attorney to determine which option is best for your specific situation. They can also help you gather the necessary evidence and documentation to support your grounds for divorce.

File for Divorce

Once you have determined on what grounds you’d like to divorce, the next step is filing a petition with the court. In Indiana, either spouse can file for divorce as long as they have been a resident of the state for at least six months and have lived in the county where they are filing for at least three months. The petition must include information such as personal details of both parties, grounds for divorce, and any requests for child custody, support, or division of assets.

After filing, the other party will be served with a copy of the petition and a summons to appear in court. They will then have a specific period to respond to the petition. If they fail to respond, the court may grant a default judgment that favors the filing party.

Reach a Settlement

During this stage, both parties will work towards reaching a settlement regarding essential issues such as child custody, support, and division of assets. This can be done through mediation or negotiation with the help of attorneys. If an agreement is reached, it will be presented to the court for approval. However, if no agreement can be reached, the case may go to trial, where a judge will make final decisions on these issues.

It’s important to note that Indiana follows an “equitable distribution” model when splitting assets and debts between spouses. This means that the court will aim for a fair distribution rather than an equal one, taking into consideration factors such as each party’s contribution to the marriage and their financial situation.

Finalize the Divorce

Once all issues are resolved, a final hearing will be scheduled where a judge will look over and approve the settlement agreement. After this hearing, the court will issue a final divorce decree, officially ending the marriage.

It’s crucial to follow all procedures and attend all hearings during the divorce process to ensure a smooth and timely outcome. Your attorney can guide you through this process and advocate for your best interests at each stage.

Your Next Steps

Divorce is a complex and emotionally charged process, but with the right information and support, you can face it with confidence. Indiana’s legal system is designed to facilitate fair and equitable outcomes, ensuring you and your family can move forward into brighter futures. If you’re considering divorce or need personalized advice, schedule a free consultation with the Crell Law. Our attorneys are here to guide you through every step, offering the skills and support you need for a fresh start.