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Indiana Instructions for Divorce with Children and Without an Agreement

State:
Indiana
Control #:
IN-HEFL-02
Format:
PDF
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Description

Instructions for divorce with children and without an agreement

Indiana Instructions for Divorce with Children and Without an Agreement involve filing a Complaint for Dissolution of Marriage with Children and a Summons with the Court. The Complaint for Dissolution of Marriage with Children is a form which includes the parties' pertinent information (names, addresses, ages, etc.) and requests the Court to dissolve the marriage. The Summons informs the other party that a complaint for dissolution of marriage has been filed and establishes the deadlines for filing an answer or other response. There are two types of Indiana Instructions for Divorce with Children and Without an Agreement: Contested and Uncontested. In a Contested Divorce, both parties dispute the terms of the divorce and must attend court hearings and mediation to resolve the issues. In an Uncontested Divorce, both parties agree to the terms of the divorce and do not need to attend court hearings. In both Contested and Uncontested Divorces, the parties must also complete a Parenting Time Plan form, which outlines the visitation schedule for the children, and a Child Support Worksheet, which is used to determine the amount of child support to be paid. The parties must also complete the Divorce Decree and Final Decree of Dissolution of Marriage and submit them to the Court for approval.

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FAQ

Q: How long does an uncontested divorce take in Indiana? A: At a minimum sixty (60) days. Indiana courts are required to wait sixty (60) days after filing of a Petition for Dissolution to enter a final Decree of Dissolution.

You can get a divorce even if your spouse does not want it. Once the court issues a Decree of Divorce, you are considered divorced. Your spouse's consent is not necessary.

WHAT ARE THE GROUNDS FOR DIVORCE? Under Indiana law, a divorce may be granted on the basis of irretrievable breakdown of the marriage, a felony conviction, impotency at the time of marriage, or incurable insanity lasting two years or longer.

WHAT ARE THE GROUNDS FOR DIVORCE? Under Indiana law, a divorce may be granted on the basis of irretrievable breakdown of the marriage, a felony conviction, impotency at the time of marriage, or incurable insanity lasting two years or longer.

Although you can represent yourself in your divorce, many people involved in a contested divorce choose to hire a lawyer to help them navigate the court system and present their case to the court. Under Indiana law, the judge can't hold a final hearing on your divorce until at least 60 days after the petition is filed.

Once one spouse files for divorce, he or she must then serve a copy of the divorce filing on his or her husband or wife. This can be done by certified mail, by hiring a private process server or by engaging the services of the local sheriff.

It is also the petitioner's responsibility to submit a proposed Property Settlement Agreement (if any) and proposed Decree for Dissolution of Marriage for the judge to consider. A notarized original and one copy of such forms must be submitted. This information is not intended to be legal advice.

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Indiana Instructions for Divorce with Children and Without an Agreement