How To File For Divorce In Indiana

Does Indiana require separation before divorce?

A legal separation is not required prior to an Indiana divorce, although a legal separation may provide the divorce court with the evidence it needs of a marriage’s “irretrievable breakdown.”.

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.

How much does it cost to file for 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 does Indiana divorce take?

60 daysHow long does it take to get a divorce in Indiana? Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

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. … Factors such as one spouse’s economic misconduct may also be considered.

How long do you have to be separated before you can file for divorce in the state of Indiana?

12-monthsIn some states, couples can stay legally separated indefinitely, but in Indiana, your legal separation can’t exceed 12-months, which means that you have one year to decide whether you want to reconcile or file for divorce.

What is a wife entitled to in a divorce in Indiana?

All property of the husband and wife is considered “marital property.” This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, the court does not have to give each spouse one half of the property.

Why moving out is the biggest mistake in a divorce?

Do not move out of your home before your divorce is finalized. Legally speaking, it is one of the biggest mistakes you can make. … If you leave the home and your divorce proceedings don’t go as planned, your spouse can choose to play dirty. This means she could accuse you of abandoning her and the kids.

Can my wife take everything in a divorce?

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

Who gets to stay in the house during a divorce?

You can legally stay in your house during the divorce process unless there is a restraining order, or other court order requiring you to stay away from your spouse, your children, or the property. However, every person will have a different comfort level regarding staying in the marital home during the divorce process.

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.

How is debt divided in divorce in Indiana?

Debts are lumped with assets as part of a couple’s marital property, and thus, must be divided as part of the divorce. … Indiana is an equitable division State, meaning marital property is divided according to what is fair, which may or may not be equal.

What do you need to file for divorce in Indiana?

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. Once your paperwork is filed, you’ll need to wait 60 days for your divorce to be finalized.

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.

What questions does a judge ask during a divorce?

What Kind of Questions Might the Judge Ask at My Uncontested Divorce Hearing?Please state your name, address, and telephone number for the record. … How long have you lived in the District of Columbia?Who is the defendant in this case? … Do you or your spouse live in a state that permits samegender divorce?More items…