Indiana Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
Rich Text
Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Bifurcation in a divorce means that the issues are split. With this process, the parties can have a summary disposition of some parts of the case while there will be a hearing on others. It can expedite the case so a party who wishes to remarry can do so while the case is not yet completed.

Unless property is protected by a prenuptial agreement, any assets that were acquired before or during a marriage in Indiana are included in the marital pot for distribution, even when an asset or account is only in the name of one spouse.

How Long Does a Person Need to Be Married in Indiana to Get a Full Share of Assets in a Divorce? There is no statutory definition for a ?long? marriage in Indiana that would entitle a person to a ?full? share of assets in a divorce.

In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property will generally be divided equally between the two. However, there are instances where the court will give one spouse more property than the other.

Who Gets the Family Home in an Indiana Divorce? As we've seen, Indiana law specifically allows the judge to take into account the possibility that a custodial spouse may need to own or continue living in the home the couple owns. But the law doesn't say that either spouse must get to keep the family home after divorce.

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.

Generally, alimony in Indiana is paid for 1 year for every 3 years of marriage. Second, marital fault isn't considered when calculating alimony. Many people think that, for instance, if there's a case of infidelity, alimony might be lower or higher.

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.

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Indiana Joint Petition for Bifurcated Divorce