What You Need to Know About Filing For Divorce in Indiana
Filing for divorce can be a difficult and emotional legal process. Here is everything you need to know about filing for divorce in Indiana.
There are different laws and forms that Indiana residents must follow in order to successfully file for divorce. Indiana state practices both no fault and at fault divorces. Indiana recognizes two types of divorces. Contested divorces mean only one spouse is filing for divorce, while uncontested divorces mean both spouses agree together to file for divorce.
Steps to the Indiana Divorce Process
Regardless of whether or not your divorce is contested or uncontested, here are the general steps you must take to successfully file for divorce in Indiana.
1. Your petition for Dissolution of Marriage must be typewritten and then submitted to the courts’ clerk offices.
2. Complete and file a Domestic Relations Appearance Form along with the petition.
3. Include a Domestic Relations Summons with the filing of the petition.
Once you have filed all the necessary forms, courts require a 60-day minimum wait time before considering the petition for a final hearing. It is the petitioner’s responsibility to schedule the hearing with the court.
Indiana Divorce Residency Requirements
According to Indiana Code Section 31-15-2-6, residency requirements for filing a divorce include the following:
- A resident of Indiana
- Stationed at a military base within Indiana for the six months immediately before filing the divorce petition
Grounds for Divorce in Indiana
Indiana is both a “no fault” and “fault-based” state. In a “no fault” state, spouses do not have to prove that the divorce occurred as a result of another spouse’s failings. Indiana Code Section 31-15-2-3(1) defines no fault divorce as the “irretrievable breakdown” of a marriage, meaning a divorce can be granted without a reason. A fault based divorce, however, differs in that there is a legitimate reason that warrants divorce.
Indiana Code Section 31-15-2-3 suggests a couple of reasons, such as:
- Felony conviction
- Incurable insanity
Indiana Divorce Forms
All divorce forms can be found here. Depending on whether the divorce is contested or uncontested, the forms may differ. It is important to consult an attorney as they will be able to help you with the correct forms.
FAQs about Filing for Divorce in Indiana
How much does a divorce cost in Indiana?
Currently, the cost of filing for a divorce in court is $157. This fee can be waived by submitting a Verified Motion for Fee Waiver. You may be required to prove extenuating circumstances.