This is a Separation and Property Settlement for persons with minor children. The parties do have joint property or debts. It provides that it is effective immediately and when a divorce action is filed, the agreement will be incorporated into the Final Judgment of Divorce. It contains detailed provisions for the division of assets and the payment of liabilities, cusotdy of the children, visitation, child support, etc. It also contains provisions allowing for the payment or non-payment of alimony.
Indiana Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately
State:
Indiana
Control #:
IN-DO-11A
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Indiana is a one-pot property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally. But this can be overcome and will not necessarily mean that the final division will be equal.
You typically have 30 days to respond to divorce papers. A judge can issue what is known as a default judgment if you fail to do so. A default judgment means that the terms proposed by your spouse will be accepted. You'll lose the opportunity to fight for terms that are more favorable to you.
You must wait 12 months from the date of separation before you can apply for a divorce. You can formalise your property settlement without applying for a divorce.
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.
The fact is that California is a no fault state and you do not need your spouse's signature in order to get a divorce.If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
Unlike other states, Indiana treats separate property as marital property and will include it in the division. Since Indiana is an equitable distribution state, the judge presiding over your divorce must divide your marital property in a just and reasonable manner.
Even though Indiana law doesn't recognize community property, it does require courts to determine an "equitable property division." More specifically, property is divided in a "just and reasonable" manner. In most cases, this means that each spouse gets about half of everything they own.
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.
Make an informal agreement. make a financial agreement. (link is external) get a consent order from the court.