What is the fastest way to get a divorce in Indiana?
An uncontested divorce can be pretty quick if you meet Indiana’s residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.
How much does an uncontested divorce cost in Indiana?
Divorce Filing Fees and Typical Attorney Fees by State
| State | Average Filing Fees | Other Divorce Costs and Attorney Fees |
|---|---|---|
| Indiana | $157 | Average fees: $9,000 |
| Iowa | $185 | Average fees: $9,000+ |
| Kansas | $400 | Average fees: $8,000+ |
| Kentucky | $148 (without an attorney), $153 (with an attorney) | Average fees: $8,000+ |
Is there a waiting period for divorce in Indiana?
Once a divorce is filed, you have to wait 60 days before the court can finalize the divorce. The court can issue temporary orders as soon as the divorce is filed, but the actual divorce and final orders cannot be done until 60 days have passed since the date the divorce was filed.
Does it matter who files for divorce first 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.
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 date while separated in Indiana?
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. That doesn’t mean that all divorces can be finalized in 60 days, but it does mean that, for most people, you only have to wait a few months to start dating.
Does adultery affect divorce in Indiana?
Even though adultery is traditionally considered a form of marital misconduct, it is not recognized as a ground for divorce in Indiana. Therefore, judges in Indiana will not consider evidence or testimony about adultery when they are deciding whether to grant a divorce.
Can you sue for adultery in Indiana?
The answer is no – and yes. The laws vary from state to state. In some states, the issue of adultery is going to matter big time. But in Indiana, divorces are considered “no fault.” What that basically means is that neither party has to show that the other did anything wrong in order to acquire a divorce.
Can you go to jail for adultery in Indiana?
Adultery is not a criminal offense in Indiana, so the police can’t arrest someone for cheating on his spouse. What you need to do is make an appointment to talk to a family law attorney and file for divorce.
How long do you have to be married to get alimony 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).
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.
Is Indiana a no alimony state?
Ironically, however, Indiana law does not recognize alimony or spousal support. If a spouse is physically or mentally incapacitated, a court may order maintenance is necessary during the period of incapacitation if that incapacitation materially affects that spouse’s ability to support him or herself.
Is Indiana a no fault divorce state?
However, Indiana is a no-fault state, meaning the court will also grant the parties a divorce on the grounds that there has been an irretrievable breakdown of the marriage, i.e. neither party is at fault.
Can a judge deny a divorce in Indiana?
Most of the time, the Court will approve the agreement. However, the Court still must look out for the best interests of the child, and they could choose to reject the settlement agreement, but this is rare. Remember, there is still a waiting period of 60 days before the Court will grant a divorce.
Is emotional infidelity grounds for divorce?
Infidelity is a common cause of marital stress and can contribute to the decision to end a marriage through divorce. Emotional affairs, meaning infidelity without a sexual or physical component, can develop when married spouses form close, intimate relationships with others outside of their marriage.
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.
How do I divorce my wife without losing everything?
How To Keep Your Stuff Through Divorce
- Disclose every asset. One of the most important things you can do seems, at first, counter-intuitive.
- Disclose offsetting debts. Likewise, it is important to disclose every debt, especially debts secured by marital assets.
- Keep your documents.
- Be prepared to negotiate.