In order to file for divorce in Indiana, a party must be a resident of the State of Indiana for at least six months. In addition, any filing for divorce in Indiana must be verified (signed by the filing party under penalty of perjury) for several facts, including whether the wife is pregnant and indicating the marriage is irretrievably broken.
At the most fundamental level, how to file for divorce in Indiana is with a verified petition. There are many other steps after that, but verification, and the passage of sixty days after the filing and before a trial court can enter a divorce, are more common questions. The requirement that sixty days pass before trial allows for a cooling off period, as marriage is a benefit to society and if it can stay intact by this reflective time, the policy is that it should.
In this divorce petition, residency and verification are the key factors that allow one to file for divorce in Indiana, as well as be divorced after at least sixty days passes from the date of filing. The filing will also be accompanied by a summons to the party being sued for divorce, which indicates that he or she may respond to the divorce filing within a specified number of days. The appearance of the attorney representing the party and the filing fee of approximately $150 dollars also accompany the divorce petition.
After the passage of sixty days, the parties still face the question, “how to get a divorce in Indiana?” This requires the parties divide the marital estate (assets minus liabilities) and, if children are involved, determine child custody, parenting time, and child support for the children.
If the parties reach an agreement, it is filed with the trial court along with a divorce decree and waiver of final hearing by the parties and, after review and approval by the trial court, the parties will be divorced. If the parties cannot reach an agreement, then one party will ask for a final hearing in front of the judge. The case will then be set for trial and the court will review the evidence presented and determine the division of assets presuming and equal division and awarding custody in the child’s best interests.
Property issues are final if not appealed. Child issues may be modified at any time thereafter until the children are emancipated.
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