Indiana is a no-fault divorce state. However, it does provide a spouse limited number of grounds on which to file a divorce. The state also has residency requirements to file for divorce. At least one spouse must live in the:
- State for at least six months and
- County where the divorce petition is filed for at least three months.
What are the Forms Needed to Start My Divorce?
The specific forms a spouse needs to file depends on the specific issues that exist in the divorce. In general, the needed forms to start the divorce include:
- Petition for Dissolution of Marriage
- Financial Declaration
- Child Support Obligation
The Child Support Obligation form only applies if the couple has minor children.
Do I Have to Serve My Spouse with the Divorce Petition?
Yes, the state expects the petitioner to serve their spouse with divorce papers. A spouse can send the petition:
- By private process server
- Via certified mail
- By sheriff’s service
Be aware that you will have to pay a fee for using a sheriff’s service. The payment for the fee should be issued to the county and the sheriff’s office.
Do I Have to Stay in Indiana After I File for Divorce?
It depends. One or both spouses can move out of Indiana during the divorce process if there are no minor children. However, if minor children are involved, a spouse may be prohibited from moving. The spouses are expected to attend all divorce proceedings.
When Will My Divorce Be Final?
Indiana has a 60-day waiting period after the petition is filed. After the expiration of the waiting period, a hearing is held. If both spouses agree on all of the terms, they will receive their divorce decree sooner. If either spouse contests any of the terms, the spouses will have to resolve those issues before receiving the divorce decree.
Do I Need an Attorney to Help Me with My Divorce?
Dissolving a marriage is complicated. Thus, it is imperative that you have a Indiana divorce attorney helping you through the process. An attorney can also assist you in dealing with whatever surprises or complications that may occur.