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From a legal standpoint, there are no implications for who files for divorce first in Indiana.
The filing fees for legal separation are under $200, but you may have other legal fees associated.
The process starts when one party files a petition with the court. Your request must contain specific information, like each spouse's full name, the names of any children (age 21 and under) from your marriage, the date of your wedding and separation, and your address.
Indiana Divorce FAQs A: You must serve the other spouse with your Petition for Dissolution, Summons and proposed Marital Settlement Agreement, if any, unless he or she waives service of summons and agrees to everything that you present to the court in your documents.
When a child turns 19 years old, the child is emancipated by operation of law, and the non-custodial parent's obligation to pay current child support terminates. An exception is if the child is incapacitated. In this case, the child support continues during the incapacity or until further order of the court.
Although Indiana divorce law is the same regardless of who files for divorce first, in practical terms, it can make a difference. In rare cases where there are no contested issues, the divorce is straightforward, and there are no children involved, then it doesn't really matter who files for divorce first.
While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.
A 50/50 split of marital assets is the presumptive standard in Indiana divorce settlements. Because Indiana is an ?equitable distribution? law state, trial court judges can deviate from the 50/50 standard.