How much does it cost to file for a divorce in Indiana?
How much does it cost to get a divorce? The court will charge a filing fee which will vary between $132 and $152, depending on which county you are in. You usually have to pay this fee in cash or by certified check or money order.
How long do you have to be separated before you can file for divorce in the state of Indiana?
An uncontested divorce can be pretty quick if you meet Indiana’s residency requirements. Before you can file for divorce in the state, you or your spouse must have been living in Indiana for six months. You’ll need to file your divorce case in the county in which you have lived for the past three months.
Who pays for a divorce in Indiana?
Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions.
Does Indiana require separation before divorce?
The filing of the Petition for Dissolution of marriage starts the divorce process in Indiana. And, unless the parties have filed a legal petition for separation before filing for divorce, the filing of the Petition for Dissolution of Marriage also acts as the legal date of separation of the parties.
What is a wife entitled to in a divorce in Indiana?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.
Can you file for divorce in Indiana without a lawyer?
It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts. However, there is no requirement that you have an attorney to file a divorce, and if you cannot get an attorney, you can file the divorce on your own.
Can you date while separated in Indiana?
With that being said it is really, truly, a terrible idea to begin dating again before your Indiana divorce is final…. even if you are separated. … In Indiana, unlike some state, the mandatory waiting period from the date of the filing of the divorce petition until the divorce can be final is sixty (60) days.
Do both parties have to sign divorce papers in Indiana?
You can get a divorce even if your spouse does not want it. Once the court issues a Decree of Divorce, you are considered divorced. Your spouse’s consent is not necessary.
What happens when one spouse doesn’t want a divorce?
If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested. You may wait to be assigned a court appearance date.
How long do you have to be married to get spousal support in Indiana?
Under IC 31-15-7, maintenance can be awarded as part of a divorce or legal separation decree, but the parameters of such an award are small. Generally, but for maintenance due to incapacitation, the statutory maximum that a court will require maintenance is 3 years.
Does it matter who files for divorce in Indiana?
Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.
How is alimony calculated in Indiana?
The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
Is Indiana a 50 50 State for divorce?
Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
Does infidelity affect divorce in Indiana?
Adultery Laws in Indiana
Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.