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Indiana Instructions for Divorce Without Children and Without an Agreement

State:
Indiana
Control #:
IN-HEFL-04
Format:
PDF
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Description

Instructions for divorce without children and without an agreement

Indiana Instructions for Divorce without Children and without an Agreement are a set of guidelines created by the state of Indiana to provide instruction on how to proceed with a divorce when there are no children involved and no agreement between the two parties. This set of instructions includes the following steps: 1. File the Complaint for Divorce: The first step in the divorce process is to file a Complaint for Divorce with the court. This document outlines the reasons for the divorce and must be signed by both parties. 2. Serve the Other Spouse: Next, the documents must be served to the other spouse. This can be done through a process server or certified mail. 3. Attend the Hearing: After the documents have been served, a hearing date is set. Both parties must attend this hearing. 4. Wait for the Judgment: After the hearing, the court will issue a judgment. This judgment will become final after 60 days unless an appeal is filed. 5. Finalize the Divorce: Once the judgment is final, the divorce is officially finalized. This includes the division of assets, debts, and other matters.

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FAQ

If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.

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.

Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.

Can you get a divorce without notifying your spouse? Generally, no. Although courts may make an exception if notifying your soon-to-be ex-spouse is not possible. In most instances, service of process on your spouse is required.

In California, the only reason a person needs to get a divorce is that the person wants out of the marriage. You do not need your spouse to agree to end the marriage or sign the divorce documents. As long as you meet the legal requirements for a divorce, you can get divorced without your spouse signing any documents.

Unilateral divorce means one spouse decides to terminate the marriage without the consent of the other. This is possible whether a spouse files a no-fault divorce?meaning neither party is responsible for the marriage coming to an end?or an at-fault divorce that assigns blame, such as adultery or abuse.

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.

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.

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Indiana Instructions for Divorce Without Children and Without an Agreement