Divorce in Indiana

‘No-fault’ state offers many resources

m

Address any violence first

If your case involves domestic violence, the first step is to address that. A good place to start is the “Indiana: Domestic Violence Resources” Web page. According to the Indiana Courts, “If you are seeking a Protective Order, you may obtain a form from the Clerk of the Court or obtain it from the Indiana Supreme Court’s website at http://www.in.gov/judiciary/forms/po.html. A Petition for a Protective Order must be filed as a separate case from this dissolution [divorce] matter.” Another resource, especially for low-income or elderly couples, is Indiana Legal Service’s “Family Issues” page.

Representation highly recommended

Another thing to know is that even the free lawyers at ILS recommend that you have an attorney. Even if both spouses agree on everything, at least the petitioner (the one who files the suit) should be represented, just to make sure everything is done correctly.

Don’t overlook counseling

Then, there’s one final item to consider before proceeding: counseling. Again, even if both parties realize the relationship has run its course, the emotions of divorce can be strikingly intense, often on par with death of a loved one. Therapy, grief counseling or spiritual advice may be necessary to get through a painful, draining experience.

Residency requirements

Indiana law requires at least one spouse to be a resident of the state (or, if in the military, to be stationed within the state) for at least six months prior to the filing, and a resident of the county where filing (or, if military, stationed in county) for at least three months.

‘No-fault’ & other ‘grounds’ for divorce

According to ILS,”Indiana has ‘no fault’ divorce, which means you don’t have to prove either spouse did anything wrong to get a divorce. (A divorce is sometimes called “dissolution of marriage”; both mean the same thing). The spouse who wants a divorce just has to tell the court that the marriage is ‘irretrievably broken’ to get a divorce. There is really nothing the other spouse can do to stop a divorce.”

However, for appropriate situations, some grounds still remain in the law:

1. The conviction of either of the parties, subsequent to the marriage, of a felony.
2. Impotence, existing at the time of the marriage.
3. Incurable insanity of either party for a period of at least two (2) years.

Fees

The filing fee varies according to county, from $132 to $152, although waivers can be granted in hardship cases. Attorney’s fee vary according to the case and complexity, and of course uncontested divorces will be the cheapest. Battles over children or property will not only prolong the case but add to the expense and overall trauma.

Free evaluation

And that’s where we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.