| STATE PROCEDURES | ||
| How much is the filing fee in Indiana? | ||
| The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee varies from county to county, but typically ranges from $130.00-$176.00 in Indiana. | ||
| What is considered to be the date of separation in Indiana? | ||
| The term "separation date" sometimes refers to the date when the spouses stopped living at... more | ||
| Will either of us be required to attend a court hearing? | ||
| DivorceWriter provides Indiana customers with a Waiver of Final Hearing, which generally allows both spouses to avoid a court hearing as long as both of you sign the Waiver and Settlement Agreement. | ||
| What are the grounds for filing for divorce in Indiana? | ||
| Indiana is a no-fault divorce state, which essentially requires that the marriage has suffered an irretrievable breakdown. | ||
| What are the basic steps to getting a divorce in Indiana? | ||
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Step 1: File the Appearance, Verified Petition for Dissolution, and Summons with Circuit Court Clerk along with the filing fee. This is also the time for filing the Agreed Provisional Orders if required by local rule as well as the CSOW and PTCW if there are children. If no Agreed Provisional Orders are being filed, the CSOW and PTCW can be filed with the final documents later. Step 2: Next, the Summons along with a copy of the Petition for Dissolution will be served on the other spouse, typically by registered mail sent by the Clerk's office. Before leaving the Clerk's office on the day of filing, the customer should make certain that the Clerk is going to handle completing the return receipt and that the Clerk will also fill out the appropriate spots on the reverse side of the Summons to verify that service has been made. Step 3: Parties with children must attend a parenting class if required by their county and the children must attend a divorce workshop if required by their county. Step 4: Approximately one week before the 60 day period has passed, file the Settlement Agreement, Waiver of Final hearing, and Decree of Dissolution with the Clerk. The judge sends you a copy of the finalized documents after the full 60 days have passed. | ||
| How do I serve my spouse with the divorce papers in Indiana? | ||
| The Clerk will serve your spouse by sending the divorce papers to him or her by Certified Mail with a return-receipt requested. | ||
| What documents are included in the self-prepared Indiana DivorceWriter package? | ||
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Included forms: Appearance Confidential Version of the Appearance Notice of Exclusion of Confidential Information from Public Access (New for 2020) Verified Petition for Dissolution of Marriage Agreed Provisional Orders (not necessarily required if there are no children, but may be required per local rules depending on county; customer has the option of asking the clerk if the judge will finalize matters without a provisional order. If not, the customer should file this document in order to avoid a hearing) Child Support Obligation Worksheet (CSOW) children only Parenting Time Credit Worksheet (PTCW) children only Summons Settlement Agreement, Waiver of Final Hearing, and Decree of Dissolution (all one document) | ||
| Where do I file my divorce documents? | ||
| Divorces are filed at the county Circuit Court. Some counties may have a rolling type of filing system, which could result in cases being assigned to a Superior Court with jurisdiction to handle divorce cases. Procedurally, there are no differences between the two courts. | ||
| Which is the proper county to file for divorce? | ||
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Under Indiana law, at least one of the spouses must have been a resident of the county of filing for 90 days immediately preceeding the date of filing. As long as one spouse meets the 90-day county residency requirement, either spouse can file in that county. Additional information is available at: I.C. 31-15-2-6(b) | ||
| What is the state residency requirement for filing for divorce in Indiana? | ||
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Under Indiana law, at least one spouse must have been a resident of Indiana for six (6) months immediately before filing for divorce. If one or both spouses meets this requirement, either spouse is allowed to file in Indiana. Additional information is available at: I.C. 31-15-2-6(a) The spouse that meets the six month state residency requirement must have lived in the county where the divorce is filed for at least three months prior to the date of filing. If both spouses have lived in Indiana for at least six months, but in two different Indiana counties for at least 3 months each, the divorce can be filed in either county. | ||
| How long does it usually take to finalize a divorce in Indiana? | ||
| In Indiana, divorces are usually finalized approximately 60 days after the Verified Petition for Dissolution of Marriage is filed with the Court Clerk. No hearing is required to finalize a divorce in Indiana. | ||
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| CUSTODY, VISITATION, SUPPORT | ||
| What if my spouse and I have agreed to a child support amount that is different from the standard amount? | ||
Spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, the customer can do the following:
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| At what age does the duty to support a child cease in Indiana? | ||
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In Indiana, a child is legally emancipated when they become 19 years of age. (Note: Before July of 2012, the duty to support continued until the child reached 21, but that has since been changed to 19.) However, a child may also be emancipated if they are at least 18 years of age, have not attended a secondary school for the prior four months and are not enrolled in a secondary school, and are capable of supporting himself or herself through employment. A child is may also be emancipated if they have joined the U.S. armed services, are married, or are not under the control of either parent nor of an individual or agency approved by the Court. | ||
| How is child support calculated in Indiana? | ||
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Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. The Child Support Rules and Guidelines can be found here. | ||
| What is standard visitation for the noncustodial parent in Indiana? | ||
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The Indiana Parenting Time Guidelines set forth the standard visitation schedule for noncustodial parents in Indiana. The Indiana Parenting Time Guidelines can be found here. | ||
| When can a child support order be modified in Indiana? | ||
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Before a child support order may be modified in Indiana, it is necessary for a party to demonstrate a substantial and continuing change in circumstances that makes the present order unreasonable or that the amount of support ordered at least twelve (12) months earlier differs from the Guideline amount presently computed by more than twenty percent (20%). A change in circumstances may include a change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan or a change in the expenses of child rearing specifically considered in the Guidelines. Information on the child support modification process in Indiana can be found here. | ||
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| PROPERTY AND DEBTS | ||
| Can we customize our documents to fit our plans for our real estate? | ||
| The DivorceWriter online interview allows customers to list not only the street address, c... more | ||
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| SPECIAL CIRCUMSTANCES | ||
| What if one spouse is living in a foreign country? | ||
| If your spouse is able to receive documents in the mail and is willing to sign and return ... more | ||
| What if one spouse is in the military? | ||
| If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more | ||
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