Filing for Divorce in Indiana

The decision to file for divorce, called a legal dissolution of marriage in the state of Indiana, is a difficult one for many people. Once you make the decision to file for divorce, of course, you want the process to be as simple and painless as possible for you and your family. This article addresses some basic divorce laws in Indiana, how to file for divorce in Indiana and what Indiana divorce forms are available to you.

How long do I have to be separated before I can file for divorce in Indiana?

You do not have to be legally separated in the state of Indiana before filing for divorce.  Indiana law requires that you set forth in your petition for divorce how long the parties to the marriage have been physically separated, the difference between legal and physical separation is not the subject of this article.

What divorce papers must be filed in Indiana?

A petition for divorce (called a petition for dissolution of marriage in Indiana), Summons and Appearance[1] must be filed with the court in order to initiate your divorce.

What do I include in my divorce paperwork?

You must include in your Petition for Divorce the following information:

·         The state and county of residence of each party to the marriage;

·         The date of the marriage;

·         The date on which the parties separated (physically);

·         The name age and address of any living child less than 21 years of age,  any incapacitated child of the  marriage and whether the wife is pregnant;

·         The grounds for dissolution of the marriage;

·         The relief sought;

·         If the guardian of an incapacitated person is filing the petition for dissolution of marriage on behalf of the incapacitated person; the name and address of the guardian and;

·         Whether either party is a lifetime sex or violent offender

What are grounds for divorce in Indiana?

Indiana is a no-fault state, which means that an irretrievable breakdown of the marriage is all that need be set forth in your Petition.  The courts do not favor imputing fault upon either party, although the grounds of felony conviction, insanity and impotence do remain legal grounds that may be set forth in your Indiana petition. These grounds are seldom used

What does relief sought mean?

The court requires that you set forth in your petition for divorce the ultimate end that you desire.  Simply stated, all parties that file a petition for divorce seek an order granting the divorce--called a dissolution decree.  However, there may be some relief that does not naturally come to mind that the court can grant in your divorce proceeding unless you specifically ask for it.  For example, a spouse may want his or her surname  returned to his or her premarital name, or a piece of artwork to remain in his or her possession post decree.

Where do I file for divorce in Indiana?

Generally, you may only file for divorce in the state of Indiana if you have been a resident of the state of Indiana or stationed in Indiana due to military service for six months prior to filing your Petition for Dissolution, and may only file in the  Indiana County in which you have resided for the past three months. You may file your Petition in the Circuit or Superior Court of your applicable Indiana County.

What is an Appearance?

An “Appearance” is a document filed with the court.  You must file an Appearance to let the court know who you are and how to contact you.

How do I get an Appearance?  Are there any Indiana divorce forms?

The Indiana Supreme Court website provides forms that might be useful and links to websites that are county specific in terms of the forms you will need to institute or respond to a divorce proceeding in a particular county.   Appearances and other forms are often provided by the county clerk of courts either in person at the courthouse or by accessing the county website.

What is a summons?  Is it in the Indiana divorce forms?

A summons is a document that must be served upon your spouse, along with a copy of your divorce petition.  Many counties in Indiana will provide a copy of the summons that is used in that particular county on their county website or within the local rules that can be accessed via the Indiana Supreme Court website.

How much is involved with the divorce paperwork?

The answer to that question is many-fold.  Are there children of the marriage?  Do the spouses own real estate?  Are the spouses in agreement on anything?

The answer to how much paperwork is involved depends on many factors.  As already discussed, a Petition and Summons must be filed.  Additionally, you may have to : [1]

·         Complete a mandatory on-line parenting course, and provide proof of completion to the court within 30 days of filing;

·         Attend a mandatory co-parenting class, and provide proof of compliance to the court within 60 days of filing;

·         Submit a parenting plan proposal to the other side or the court;

·         Submit a child support guidelines worksheet to the other side or the court;

·         Submit a parenting time credit worksheet to the other side or the court;

·         Submit a financial declaration form within 30 days of filing to the other side or the court;[2]

·         Submit documents backing up all representations in certain forms to the other side or the court. [1]

Do I need a lawyer to get divorced in Indiana?

Indiana law does not require you to initiate, or respond to, a dissolution of marriage proceeding with an attorney.  However, it is best to consult a lawyer to determine what documents you need to file with the court, present to the court or exchange with the other side before you proceed alone.

Visit Babcokelaw.com if you would like to discuss your situation.

[1] Many courts will accept a pro se litigant filing without an official Appearance being filed, so long as the pros se litigant provides all contact information necessary for the court to contact the litigant.

[2]  personal information regarding yourself or a minor, and financial information, should not be filed with the court as a public document.