Can you get divorce if only one person wants?

The truth is that if one person wants a divorce, it can happen.The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.

Does Indiana require separation before divorce?

A legal separation is not required prior to an Indiana divorce, although a legal separation may provide the divorce court with the evidence it needs of a marriage's irretrievable breakdown.

What is a provisional order?

A court order that is made during a trial or a law suit and is only temporary until final outcome is delivered.

Is Indiana a no fault divorce state?

However, Indiana is a no-fault state, meaning the court will also grant the parties a divorce on the grounds that there has been an irretrievable breakdown of the marriage, i.e. neither party is at fault.

How long do you have to be separated before you can file for divorce in the state of Indiana?

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.

Who gets what in a divorce in 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.

Do both parties have to sign divorce papers in Indiana?

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.

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.

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Indiana Order Setting Provisional Hearing

Provisional Hearing

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Indiana Divorce

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Indiana

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IN-829D

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FAQ

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

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