How to File for Divorce in Indiana

How to File for Divorce in Indiana

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What Do You Need to File For Divorce in Indiana?

Indiana is a no fault state which means the grounds for divorce can be granted for irretrievable breakdown of the marriage, i.e. neither party is at fault. There are many services and reference materials available in your city to help. Learning how to file for a divorce in Indianapolis, Indiana, is no small feat; however, the court requires specific information and documents. A local law firm may be able to provide you with an attorney, or you may want to seek out free advice online. If you choose to contact a divorce lawyer in Indianapolis, be sure to carefully research potential attorneys. They should be familiar with the laws in Indiana and should also have some experience with divorce cases.

The process for filing for divorce in Indiana is a long process, and if you are not familiar with the steps in the legal system, it can be very confusing. If you, or your spouse, don’t have any experience with the legal system and need assistance in filing for a divorce in Indiana, the court staff will be happy to assist you with these crucial steps in the process. That said if you’re dealing with a situation that requires an experienced attorney to file on your behalf, or need to ask questions concerning a divorce, marital dissolution agreements, or child custody disputes, call 317-762-3263, and you will be connected with a family law attorney in your area.

Ways to File for Divorce

There are two options for a marriage dissolution in Indiana; Pro Se vs. Attorney Representation. Pro se means that you or your spouse, would be representing yourself in a legal proceeding without the assistance of an attorney. Especially in a contested divorce case, where children are involved, it is highly advisable that you, nor your spouse, attempt filing for divorce pro se. You may not be aware of many issues, and that could be detrimental to the outcome of the proceedings. It is your legal right to opt for pro se, but due to lack of experience, it would be better to hire an attorney, at least for the important stuff. Now for an uncontested divorce where children are not involved, going pro se can be the best decision, provided that you understand it. If going pro se, visit the website The Indiana Coalition for Court Access to obtain the necessary forms and documents.

The PROS

The most noticeable benefit is that a “do-it-yourself” divorce can cost less in the long run. Certain people cannot afford lawyers, but a pro-se divorce is financially beneficial for any income class. The amount of money saved on legal fees for you and your spouse will help build two separate households after divorce.

The CONS

Some Indiana lawyers have expressed concern that a divorce is not a legal procedure that can be handled without a lawyer. Due to errors, or misunderstanding of the law, pro se can lead to a divorce decree that is less equitable for one party or the other. To be safe, it is best to consider hiring a professional, experienced divorce lawyer.

Call 317-762-3263 to be connected with a family law attorney in your area.

filing for divorce indy

 

Understanding the Divorce Legal Procedure

If you or your spouse hire an attorney to file your case, they will first discuss the details of your divorce in Indianapolis. The law in Indiana requires various forms and documentation depending on each scenario, however, all divorces in Indiana require four steps in this process. This process is known as the “Petition for Dissolution of Marriage, “Summons”,Financial Declaration“, and a “Child Support Obligation Worksheet” if you have minor children together.

Depending on the issues in your case, there will be different required forms that must be filed. The list below, however, all Indiana divorces require the following forms:

  • Petition for Dissolution of Marriage
  • Summons
  • Financial Declaration, and
  • Child Support Obligation Worksheet (if you and your partner have minor children together).

You can find many divorce forms for download from the Indiana Legal Help website.

There are two types of divorce in Indiana:

Uncontested and contested;

Uncontested divorces occur when one or both parties are willing to completely cooperate in the decision process for filing for divorce.

Contested divorces occur when there are issues between the parties that are not amicable and you or your spouse are unable to cooperate with one another.

Filing For divorce in Indiana can take several months.

Once the proceedings have been completed, the court will issue an order for the marriage to be dissolved. The order will allow the parties to live as married people without legal obligations until the court issues a new order.

Filing a divorce in Indiana can be an emotional process.

Call 317-762-3263 to be connected with a family law attorney in your area.

That said if you’re dealing with a situation that requires an experienced attorney and need to ask questions concerning a divorce, marital dissolution agreements, or child custody disputes, call 317-762-3263, and someone will connect you with a family law attorney in your area.

 

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