How to Navigate the Divorce Process in Indiana

Even if you know you want to end your marriage, it can be difficult to move forward with a legal divorce. Navigating this process can be complicated and costly, especially if you’re not familiar with the Indiana court system and the state laws about divorce. Finding a divorce attorney you can trust in Dyer, IN allows you to take the next steps with confidence.

Navigate Your Divorce With an Experienced Divorce Attorney in Dyer, IN

Research State Divorce Laws

Before negotiating with your spouse, it’s important to understand how Indiana handles common issues of divorce. The state requires fair division of marital property and debt, which includes all assets and liabilities either person acquired during the marriage.

Either spouse can request financial maintenance for up to three years, but they must prove they can’t support themselves because of a physical or mental disability (or because they care for a child with this type of health issue). If you share children with your spouse, you must come to a custody agreement that supports the child’s best interests. Both parents must also provide a fair amount of financial support.

Determine the Right Type of Divorce

You can file for either a fault or no-fault divorce in Indiana. A no-fault divorce means that the relationship is irretrievably broken but neither spouse blames the other for the end of the marriage. The state offers fault-based divorce only if one spouse has a felony conviction, impotence, or incurable mental illness for two or more years.

An uncontested divorce is available if you agree with your spouse about all outstanding issues, including property division, alimony, and child custody and support if applicable. In this case, you submit your agreement to the court for review and approval. When you don’t agree, you must file for a contested divorce. The court will hold a hearing where each spouse will present their case, then make a final decision about the contentious items.

File the Divorce Petition

When you’re ready to start the legal divorce process, you or your spouse must submit a Petition for Dissolution of Marriage to the Clerk’s Office in your county. You have to file in the county where either partner has lived for at least three months. The state doesn’t offer a standard form but requires typed, letter-sized white paper. Along with the petition, you need to submit a Domestic Relations Summons and a Domestic Relations Appearance Form.

Indiana has a 60-day waiting period starting when you file for divorce. After 60 days, the Clerk’s office will review the petition. At that time, you or your lawyer can reach out to the office to schedule your divorce hearing if necessary. For an uncontested divorce, the court can issue the divorce decree immediately after the waiting period ends.

You have a lot to think about during the divorce process, but you don’t have to handle it alone. Contact the team of experienced divorce lawyers at Tanzillo Stassin & Babcock in Dyer, IN today to learn more about your options at the end of a marriage.

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