Uncontested Divorce in Indiana
Divorcing spouses in Indiana can terminate their marriage, proceeding with an uncontested divorce or a contested divorce.
- An uncontested divorce is the best option for cooperative spouses willing to settle all their divorce-related issues amicably outside the court. Such a procedure allows them to save time and money as they can proceed without any legal help.
- However, if the spouses are unable to agree on such issues as marital property division, child custody, Indiana child support, visitation, debt allocations, retirement funds, etc., they have to proceed with a contested divorce. Typically, this means that they will need a lawyer’s services as the court may need to handle those issues for them.
Tip: Being able to proceed with an uncontested divorce helps spouses keep their relationship peaceful and makes their divorce process much more affordable and simple.
Get Your Divorce Forms Completed Online
For many divorcing spouses, the paperwork stage causes confusion and leaves them with no choice but to hire expensive attorneys from various legal firms. However, today couples have an opportunity to handle their paperwork from the comfort of their own home for an affordable price.
Thanks to DivorceOnline, more than 500,000 couples have managed to select and fulfill the divorce forms required for their particular case with no legal training. Our unique online divorce service is explicitly designed to assist spouses in getting their divorce documents ready for filing in just 2 business days.
Our service requires the spouses to complete a simple questionnaire about their marriage and divorce. Then, for as little as $139, our service helps soon-to-be-ex spouses get over their paperwork in no time and provides a clear filing guide.
Note: The important thing to remember is that OnlineDivorce doesn’t provide spouses with legal advice. Thus, if it comes to a contested divorce with some unresolved issues, it may be necessary to reach out to a lawyer.
Steps for Filing a Divorce in Indiana
There are several consecutive steps residents of Indiana must follow to get a divorce.
According to Indiana law, either of the spouses is required to be a resident of the state for no less than 6 months prior to the divorce filing.
The plaintiff must file divorce papers in the Indiana county where either of the spouses resides.
Indiana is a mixed state where both no-fault divorce and a fault-based divorce are possible. Thus, spouses proceeding with a no-fault divorce just need to state that their marriage is irretrievably broken and there is no chance for reconciliation.
Otherwise, if the spouses want to proceed with a fault-based divorce, they may use one of the following fault-based grounds:
- Felony conviction;
- Impotency existing at the time of the marriage; and
- Incurable insanity of a spouse for at least two years.
Typically, spouses proceed with a no-fault divorce as, in such a case, they don’t have to place blame or provide proof of misconduct to the court. This way, the divorce process is faster, and they may be granted a final divorce decree rather quickly.
To initiate the divorce process in Indiana, the plaintiff has to submit Indiana divorce papers to the court of the county where either spouse resides.
Divorce Papers in Indiana
Indiana divorce forms may vary depending on each particular divorce case.
Basic divorce forms in Indiana include:
- Petition for Dissolution of Marriage;
- A Domestic Relations Appearance Form; and
- A Domestic Relations Summons.
The Marital Settlement Agreement is another important document that spouses should outline. This agreement allows them to save time in litigation by amicably settling all their divorce-related issues. Yet, couples unable to resolve those issues may need the court to handle them instead.
To avoid all the paperwork hassle, soon-to-be-ex spouses may consider DivorceOnline. Our service can help them handle their divorce forms in no time, with no legal training needed.
When filing for a divorce in Indiana, the plaintiff must pay a mandatory filing fee, which may vary from $132 to $152, depending on the county.
However, if the plaintiff cannot afford to pay the filing fee, they may request the court to waive it. To do that, they need to file the fee waiver form to the court and prove that their income is low.
In Indiana, spouses will have to wait 60 days minimum after the Petition for Dissolution is filed before the final divorce decree is granted.
As soon as the divorce papers are filed, the plaintiff must serve the defendant with copies of the divorce paperwork. In Indiana, service can be done via certified mail or by hiring a private process server or a sheriff’s deputy.
In Indiana, as soon as the 60-day waiting period ends, the spouses may submit their final paperwork along with the “waiver of final hearing.”
Once the judge reviews and approves all the paperwork, including a Marital Settlement Agreement, the divorce may be finalized.
Getting a Divorce With Children
Several issues must be resolved if there are minor children involved in a marriage, including child custody, child support, and visitation.
The judge makes a decision on custody based on the best interests of a child. The court may grant a parent sole or joint custody when determining physical and legal custody. To get joint custody, the spouses must be willing to cooperate to ensure the child’s needs are met and will have a healthy and stable environment.
Indiana custody decisions are based on the judge’s evaluation of the following:
- Age and sex of the child;
- Wishes of the parents in the custody determination;
- Wishes of the child (more consideration is given to the child’s wishes if they are at least fourteen years old);
- Interaction and interrelationship of the child with both parents, other siblings or step-siblings, and any other persons who may significantly affect the child’s best interests;
- Child’s adjustment to home, school, and community;
- Mental and physical health of all individuals involved;
- Evidence of a pattern of domestic or family violence by either parent; and
- Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court may consider other factors.
As for child support in Indiana, the noncustodial parent typically makes child support payments until the child reaches the age of 19 unless the child is incapacitated. In that case, only the court can decide when the obligation ends.
Child support in Indiana is based on a system of guidelines that uses weekly gross income as its basis. The court verifies all income via government wage match information and requires the parents to submit worksheets setting forth all their income and expenses.
Weekly gross income includes:
- wages, self-employment, rent, and royalty income;
- commissions and bonuses; and
- other forms of irregular income.
To help parents calculate their share in child support payments, there is an official Indiana child support calculator. The Indiana Child Support Bureau may offer several helpful resources as well.
The noncustodial parent also has an option to modify the child support order after changing or losing jobs due to severe illness, the birth of another child, or another significant reason. A custodial parent may also request a modification if they believe that the noncustodial parent doesn’t pay enough.
Filing for Divorce in Indiana Without a Lawyer
Divorcing spouses willing to reduce the overall divorce cost may consider proceeding with their divorce without a lawyer. Typically, couples eligible for an uncontested divorce with a Marital Settlement Agreement may handle their divorce process without the costly services of a law firm.
Still, the spouses must remember that it is only an option in an uncontested divorce. Thus, if there are any unresolved issues or attendant complexities in a divorce case, the soon-to-be-ex spouses should consider mediation or hiring an attorney.
Do-It-Yourself Divorce in Indiana
Indiana residents eligible for an uncontested divorce may consider a DIY divorce in order to save their time and money on expensive legal assistance. Since the spouses have already reached an agreement on their divorce-related issues, they can typically proceed without a lawyer.
By choosing a do-it-yourself divorce, spouses can use online divorce services, namely DivorceOnline, to get help with their divorce paperwork fast and for an affordable price. In addition, they will get a simple filing guide, which allows them to handle the whole divorce process themselves.
Such a divorce is a cheaper and simpler way to terminate the marriage for couples willing to get a divorce without the expensive services of a law firm.
Frequently Asked Questions:
An uncontested divorce in Indiana doesn’t take much time as it may be finalized in approximately two months. However, complicated cases with minor children involved in a marriage may significantly influence the length of the divorce process.
An uncontested divorce in Indiana doesn’t require the spouses to pay more than a filing fee, which ranges from $132 to $152, depending on the county. And yet, if any complications arise, the overall divorce cost may increase significantly.
There is no such thing as a free divorce in Indiana. However, divorcing spouses still have several options to reduce the cost. Plaintiffs may ask the court to waive the filing fees, or the spouses may choose to handle their divorce themselves without costly divorce attorneys. They can also use online divorce services to handle the paperwork for an affordable price.
To file for a divorce in Indiana, the petitioner has to file a Petition for Dissolution of Marriage, a Domestic Relations Appearance Form, and a Domestic Relations Summons. However, this is just the list of basic forms needed for the case. Other forms depend on the attendant circumstances and the complexity of the case.
To check what forms are required, the spouses should contact the court’s clerk or use the online divorce service DivorceOnine.