A divorce is a legal procedure that dissolves a marriage. Once a divorce has been finalized, the ex-spouses are free to remarry if they choose to do so.
Divorce laws are the body of laws that govern divorces. Once a divorce is finalized, the court will issue a divorce decree.
This decree is a final ruling that provides a judgment and order that makes the termination of the marriage official. Each divorce decree will differ based on the unique facts and circumstances of the case.
An individual’s status as married or divorced is not changed until the divorce decree is ordered. If divorce proceedings are not finalized, they can affect many areas of an individual’s life, including:
- Debt;
- Property possession;
- Taxes;
- Employment benefits; and
- Other legal rights.
A divorce decree typically addresses many issues, including, but not limited to:
- Division of property between the parties;
- Spousal support or alimony;
- Issues related to children, if applicable, including:
- custody;
- support; and
- visitation; and
- The financial obligations of each party, for example, if debts are to be paid by one or more parties.
Records of a divorce can often be obtained at the county court where the divorce was filed. If it is unavailable there, it can typically be found at the local recorder’s office, on a website, or with a private company.
What Are the Different Types of Divorce?
Every state in the United States has its own specific laws that govern divorce, for example, residency requirements, in addition to their own procedures to obtain a divorce.
Most states, however, will have two main types of divorce: no-fault and fault-based. As implied by the title, a no-fault divorce does not require that either of the parties prove any wrongdoing or fault to obtain a divorce.
In certain states, it will be sufficient if an individual declares that they no longer want to be married or do not get along with one another. In other states, however, the individuals may be required to reside separately for a required period before they can file for a no-fault divorce.
There are several possible grounds for a no-fault divorce, including:
- Incompatibility;
- Irreconcilable differences; or
- Irremediable breakdown of the marriage.
All three of these reasons amount to the same issue: the parties can no longer get along and wish to dissolve their legal union. A fault-based divorce is granted when the party who files can provide a specific reason regarding why their spouse is responsible for the failure of the marriage.
There are several possible traditional grounds for a fault divorce, including, but not limited to:
- Cruelty, for example, physical abuse;
- Adultery;
- Desertion for a specific amount of time;
- Confinement in prison for several years; or
- Inability to consummate the marriage.
An individual may want to file for a fault divorce instead of a no-fault divorce because it may eliminate the mandatory separation period required for a no-fault divorce. In addition, certain states may distribute a greater share of the marital property or alimony to the party who can prove that the other spouse is at fault.
Some states, such as California and Florida, do not permit fault divorces. Only a no-fault divorce will be granted in those states, even when a spouse violates one of the traditional grounds for a fault divorce.
What Are Some Requirements for Filing for Divorce in Indiana?
Indiana is a no-fault divorce state. There are, however, some major differences between Indiana and other no-fault divorce states.
One difference is that Indiana provides the filing spouse with only a limited number of grounds they can use to file for divorce. In Indiana, there are only four reasons an individual can claim when filing for divorce in Indiana, including:
- Physical inability to reproduce since the beginning of the marriage;
- If either of the parties suffers from incurable insanity for two or more years;
- An irretrievable and complete breakdown of the marriage; or
- If either spouse is convicted of a felony during the marriage.
A court cannot order counseling when a couple is seeking a separation. It can, however, be ordered when a couple is seeking a divorce.
A court may order counseling if they believe that there is a possibility the couple may reconcile. An Indiana court may also order counseling if the couple has children of 18 or if either of the spouses requests counseling before proceeding with a divorce.
In addition, Indiana has residency requirements to file for divorce. At least one of the spouses must reside in the state for at least six months before filing for divorce.
Also, at least one of the spouses must reside in the county where the divorce petition is filed at least three months prior. If no minor children are involved, either or both spouses may move out of Indiana during the divorce proceedings.
If minor children are involved, the parties may be prohibited from moving out of state because they will be expected to attend all divorce proceedings.
What Paperwork Is Required to File for Divorce in Indiana?
No matter the circumstances of an individual’s divorce, they will have to use the following forms to begin the process:
- Verified Petition for Dissolution of Marriage;
- Financial Declaration;
- Summons; and
- Child Support Obligation if the couple has minor children.
All of these forms are standard forms that are available through the Indiana Court Self-Service Legal Center. If an individual has already legally separated from their spouse, they must file divorce paperwork in the same court where they filed for separation.
Do I Need to Serve My Spouse with the Divorce Petition?
Yes, Indiana expects the petitioner spouse to serve the other party with the divorce papers. This may be done in several ways, including:
- A private process server;
- Certified mail; or
- Sheriff’s service.
Using a sheriff’s service requires a fee. This fee should be paid to the county as well as the sheriff’s office. Once a divorce petition is filed, there is a 60 day waiting period before a divorce can be finalized.
Once these 60 days have passed, a hearing will be held. At this hearing, if both spouses agree to the divorce terms, they will receive their decrees.
If, however, either of the spouses contests any of the divorce terms, they will have to resolve those issues before receiving their final divorce decree.
Should I Hire an Indiana Attorney for Help with a Divorce?
If you are involved in a divorce in Indiana, it is essential to consult with an Indiana divorce lawyer when dissolving your marriage. The divorce process can be complex and often involves very important and emotional issues.
Your lawyer will represent you throughout the divorce process and ensure all necessary paperwork is filed promptly. In addition, your lawyer will represent your interests in court each time you are required to appear.
