what does the indiana attorney general divorce

What are the grounds for divorce in Indiana?

Aug 29, 2014 · Indiana has "no fault" divorce, which means you don't have to prove either spouse did anything wrong to get a divorce. (A divorce is sometimes called "dissolution of marriage"; both mean the same thing). The spouse who wants a divorce just has to tell the court that the marriage is "irretrievably broken" to get a divorce. There is

What does the Indiana Attorney General do?

Filing for Divorce: To officially begin the divorce process, your Indiana divorce lawyer or your spouse's lawyer will file a Petition for Dissolution of Marriage with the county trial court and pay a filing fee. Your divorce can be finalized in as few as 60 days after filing. Grounds for Divorce in Indiana: Indiana offers what is known as a "no-fault" divorce, meaning neither spouse is to …

Do you need an attorney to get a divorce in Indiana?

Divorce in Indiana requires that you have been resident for at least six months. There is only one specific “ground” required to obtain a divorce in Indiana, a “no-fault” divorce. Read our detailed legal summary of Indiana including grounds, residency, child custody, child support, alimony, premarital agreements, property, mediation, legal separation, and special dissolution procedures.

How are assets divided in a divorce in Indiana?

An uncontested divorce attorney understands your desire to end your marriage amicably and works to facilitate the divorce by advising you of the rights, limitations, and obligations under Indiana divorce law on matters relevant throughout the legal process and in the years that follow.

What does the wife get in a divorce in Indiana?

Divide the marital property and debts (usually on a 50-50% basis). Issue custody, visitation and child support orders for children of the marriage. The wife can get her maiden or former name back as part of the divorce.Aug 29, 2014

How long does it take for a divorce to be final in Indiana?

60 daysTypically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

Does adultery matter in Indiana divorce?

Even though adultery is traditionally considered a form of marital misconduct, it is not recognized as a ground for divorce in Indiana. Therefore, judges in Indiana will not consider evidence or testimony about adultery when they are deciding whether to grant a divorce.

What is the fastest way to get a divorce in Indiana?

An uncontested divorce can be pretty quick if you meet Indiana's residency requirements. Before you can file for divorce in the state, you or your spouse must have been living in Indiana for six months. You'll need to file your divorce case in the county in which you have lived for the past three months.

Does it matter who files for divorce first in Indiana?

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.Dec 15, 2016

Who gets the house in a divorce Indiana?

The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn't mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.Apr 26, 2012

Can a spouse kick you out of the house in Indiana?

One can move out while the divorce underway, with or without the permission of the other spouse or by agreement formalized through the court. However, the relocating spouse may have a difficult time regaining possession of the marital residence during the divorce.Feb 16, 2021

Can you date while separated in Indiana?

Don't even consider dating until you have physically separated, even if you or your spouse agree that the marriage is over. The judge (or your spouse) may use it as a reason the marriage failed and (depending on your state's laws) could lead a judge to award more of the marital assets to your spouse.

How long do you have to be married to get pension in Indiana?

If your marriage lasted at least 10 years, you are eligible to receive benefits based on your ex-spouse's record as long as your ex-spouse is entitled to Social Security and you meet the required qualifications.Nov 19, 2018

How much does divorce cost in Indiana?

While many factors can change the overall cost, it is typical for each spouse to spend $10,000 or more to complete their divorce....Divorce Filing Fees and Typical Attorney Fees by State.StateAverage Filing FeesOther Divorce Costs and Attorney FeesIndiana$157Average fees: $9,00051 more rows•Jul 21, 2020

Does Indiana require separation before divorce?

Indiana Divorce Court Orders After a spouse files for divorce in Indiana, the parties must live apart for at least 60 days before the divorce can be finalized.Feb 18, 2022

Does Indiana have alimony?

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.Jul 22, 2018

How much does it cost to get divorced in Indiana?

Fees: The fees for filing for a divorce in Indiana ranges from $132-$152 and the fee varies from one county to another. If you cannot afford the filing fees, then you must fill the form for a waiver of the fee and file it with the court clerk. You can download the court forms from the Judicial Branch Self-Service Center of Indiana.

How long do you have to live in Indiana to file for divorce?

You are eligible to file for divorce in the state if either your spouse or you have lived in Indiana for a minimum of 6 months and residing in the particular county where you’re filing the divorce complaint for a minimum period of 3 months. There is a 60-day waiting period before the court will grant you a final decree which will end your marriage.

What is contested divorce?

And, these kinds of divorces are known as contested divorces. In the case of a contested divorce, it may be a good idea to hire a divorce attorney who will represent you in court and this is especially important if your spouse has hired a lawyer or plans to hire one.

What is the term for a divorce with agreement?

When your spouse and you agree on all the issues of the divorce such as division of property and debts, child custody, child support, visitation and alimony, then the divorce is known as an uncontested divorce or “divorce with agreement.”

Can you divorce if you don't have children?

The process of finalizing the divorce is the same as if you don’t have children but have an agreement. This outlines the entire divorce process that one would have to go through in order to successfully complete the divorce process. Choose the option that best works depending on your needs and requirements.

What happens if you don't agree to a divorce?

If your spouse and you are unable to come to an agreement on the key issues of your divorce, then your divorce case will go to trial, where a judge will hear your case and pass a judgment on the various issues.

How long does it take for a divorce to be finalized?

While the judge can enter temporary orders, the divorce cannot be finalized until 60 days after the filing of the initial petition. Once the waiting period is over, you can file the waiver of the final hearing and the dissolution decree and file them with the court clerk, who will send the decree to the judge for signing. When the decree is signed, the court will retain a copy and one copy will be given to your spouse and you by mail.

What to know about divorce?

Looking for more advice about divorce? Here are a few of our favorite resources: 1 101 Financial Pitfalls of Divorce 2 What is a Certified Divorce Financial Analyst? (and why you need one) 3 How to Protect and Rebuild Your Credit in a Divorce 4 How to Value the House and Split Home Equity in a Divorce

What is the income share model for child support in Indiana?

This formula uses weekly gross income of the parents and the number of children for which support is required. Deductions are made for child support paid to other children and maintenance paid to other spouses.

What is the parenting time law in Indiana?

Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating circumstances that could endanger the child, such as domestic violence or drug abuse.

What is marital property?

the earnings or earning ability of the parties related to a final division of property and final determination of property rights of the parties. Businesses are also considered marital property, but may be difficult to divide, although still subject to equitable distribution.

How long does a domestic violence order last?

A judge will be able to issue a temporary protection order that will last for 30 days until a full hearing can take place.

When does child support end?

Child support ends when the child turns 21 unless the child is emancipated before that time, the child is incapacitated in which case support could continue indefinitely.

Who approves QDRO?

The QDRO must be approved by the courts and then it can be submitted to the plan administrator who must also approve it. This establishes that a spouse can be considered an alternate payee, and the retirement vehicle is then divided according to the specifics contained in the QDRO.

How long do you have to live in Indiana to get divorced?

Indiana Residency Requirements: Indiana law requires either you or your spouse be a state resident for at least six months prior to filing for divorce. You'll also need to reside in the county in which you're filing for at least three months. (Members of the military can file for divorce in Indiana after they've been stationed in the state for at least six months.)

Does Indiana have child custody?

Indiana Child Custody: If you and your spouse have minor children, the Indiana divorce court will also rule on child custody and child support. There are two types of child custody:

What are the grounds for divorce in Indiana?

There are also several general grounds upon which a marriage can be legally ended. The Indiana statues allow a judge to terminate a marriage if on the following factors is met: (1) impotence at time of marriage; (2) conviction of a felony subsequent to the marriage; and (3) incurable mental illness for 2 years.

How long do you have to be a resident to divorce in Indiana?

In order for a party to file for divorce one of the spouses must have been a resident of the state for 6 months and the county in which the petition is filed for 3 months immediately prior to filing for dissolution of marriage. A neutral third party may be required to testify in order to prove that one of the spouses has in fact met the residency requirements.

How long do you have to be a resident to get a legal separation in Indiana?

In order to get a legal separation in Indiana, one of the spouses must have been a resident of the state for 6 months and the county for 3 months immediately prior to filing for legal separation. A legal separation may be granted on the grounds that living together is currently intolerable for one of the spouses. A legal separation does not end a marriage, rather it only is a court order recognizing that the parties wish to reside separately.

What is the distribution of property in Indiana?

The distribution of the marital property is one of the most hotly contested issues in any divorce proceeding. Indiana’s laws establish Indiana as an “equitable distribution” state. This means that the court will divide all of the spouses’ property in a just manner, whether jointly or separately owned and whether acquired before or after the marriage, including any gifts or inheritances. There is a presumption that an equal division is just and reasonable. The respective faults of each party in a divorce are not factors that are considered in the division of property in Indiana.

How long does it take to get a summary dissolution decree in Indiana?

The court may enter such a decree in all cases in which the following requirements have been met: (1) 60 days have elapsed since the filing of a petition for dissolution; (2) the petition was verified and signed by both spouses; (3) the petition contained a written waiver of a final hearing; (4) the petition contained either (a) a statement that there are no contested issues, or (b) that the spouses have made a written agreement in settlement of any contested issues.

What is alimony after divorce?

Alimony or spousal support can be awarded to either spouse for their support or maintenance after the divorce. Alimony payments are designed to assist with financial obligations of the receiving spouse and to help that spouse maintain a lifestyle similar to the one they had prior to being married. Most likely, the lifestyle can not remain exactly the same due to the paying spouse typically having to maintain two households for a period of time. Since a majority of spouses both work rewarding alimony is not extremely common although it does exist. Most of the time alimony is rewarded for a short period of time just to help the receiving spouse get on his or her feet again.

How long can a divorce be delayed?

If one of the spouses believes and makes an official request, or the court, on its own, believes that there is a reasonable possibility that the parties can continue with the marriage, the court may order that any further divorce proceedings be delayed for 45 days and also may order that the parties seek counseling. The court ordered counseling may be through a court appointed counselor, or mediator, or it may be one mutually agreed upon by the parties.

What is a clean divorce?

The key to your fresh start is a clean divorce, one that addresses all necessary matters, including division of assets and liability, child custody and parenting time, child support, and spousal maintenance. A clean divorce also anticipates future issues that could arise and provides for those circumstances.

What is an uncontested divorce?

An uncontested divorce attorney recognizes that the parties wish to collaborate on all of the matters necessary to divide their personal and financial lives. An uncontested divorce often avoids courtroom drama and, thereby, helps lessen the emotional upheaval that accompanies a divorce. An uncontested divorce attorney shares knowledge of the law and the divorce process, gained by years of experience, to ease the couple’s unjoining.

What is pro se representation?

Self-representation, often called pro se representation, means acting as your own lawyer. While divorcing partners may agree on all the issues that come to mind for dividing their lives, knowing everything that needs to be addressed under Indiana divorce law is another matter entirely.

Is divorce stressful?

Divorce is understandably stressful, even when both parties agree on the terms of their parting. Despite a general agreement, there can still be emotional turmoil and the need for courtroom hearings and the preparation and filing of legal documents to legally dissolve the marriage.

Can a spouse change their name after divorce?

A spouse who adopted a new name upon marriage may return to a former name after the divorce. If the name change is not included in the divorce proceedings, then that person would need to go through the time and cost of separate legal proceedings to effect a name change.

Is Indiana a no fault divorce state?

Indiana is a no-fault divorce state. This means neither party needs to prove the other is to blame in some way for the breakdown of the marriage before the court will grant the divorce. For this reason, sometimes parties ending a marriage believe they can handle the divorce themselves.

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The Office of the Indiana Attorney General helps protect the rights, freedoms, and safety you enjoy as a citizen of the Hoosier state.

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Equitable Distribution & Asset Division

• Marital Property and Division of Assets in Indiana
  Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Property division is governed by several factors that are to be considered when divi…
• Debts
  There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.

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