Home Divorce

Divorce

12 Steps To a Divorce

12 Steps To a Divorce

Getting a divorce can be confusing and a bit challenging; however with the help of a lawyer and a clear understanding of the 12 divorce steps, a divorce can be obtained in a quick and efficient manner.

1    Separation

After a couple has decided that they can no longer stay married, they will undergo a separation. Often a separation involves an individual moving out of the home, or living in a separate room in the house. The date of the separation is an important date to keep track of, so make sure the date is properly documented.

2    File Dissolution Petition

A petition for dissolution must be filed with the court. This petition is known as legal form FL-100, and can be filed with local family court; you must file the petition with a family court in your jurisdiction. The filing fee for this form is around $350. After this is filed, a summons must be issued by the court. This will appear as legal form FL-110.

3   Service of Papers

This is the process in the divorce steps that delivers the papers to the other individual involved in the divorce. The papers being delivered are the summons from the court approving the petition. These papers can be delivered by any sound adult other than the individual whom filed for divorce. Generally a lawyer completes this step, but it can be completed by a friend or a family member.

The individual servicing the papers must have filed a FL-115 form, which is a proof of service form. Upon receiving the papers, the individual will then fill out a FL-117 form, which is the notice and acknowledgment of receipt. This form ensures that the individual received the summons. The FL-117 will then be mailed to the individual who petitioned for the divorce or their lawyer.

4      Response or Default

The served individual has 30 days to file their response with the court. The response is filed by using the FL-120 form. The response filing fee is around $350, and is to be mailed to the individual who petitioned for the court as well as submitted to the court. If both parties of the divorce are in agreement, they may choose to file for a default, which is legal form FL-165.

5      Preliminary Disclosures

Both parties must complete this section of the divorce steps in a timely manner. Each party will be asked to uncover information about their assets and debts. The forms to be filed are FL-142 and FL-140.

6     Income and Expense Declaration

This is more or less a snap shot of the each parties income over the last 12 months. This will be filed on the FL-150 form.

7    Co-parent classes

This step is only necessary if there are children involved; in the case that there are children involved, parents will have to attend a three hour class about parenting.

8     Status Conference

Status conferences are scheduled by the court and will occur every four months to ensure that the case is progressing.

9    Motion and Orders to Show Cause

Motions and orders must be sent to discuss money and custody issues. It is beneficial to include supporting declarations on these topics when filing for motions and orders. The forms to be filed for this divorce steps are FL-300 and FL-301.

10   Final Disclosures

If the parties of the divorce cannot agree to a settlement, a second disclosure may take place for the court to further look at the issues involving finances and custody.

11   Agreement or Marital Settlement Agreement

Written agreements will be created dividing any necessary assets and finances; both parties will be in agreement to these written stipulations.

12   Judgment

The Judge of the family court will sign a judgment form, FL-180, and a notice of entry of judgment, FL-190, will then be served to both parties. After these documents are received, the divorce is final.

 

Family Law and the Consequences It Holds Beyond the Courtroom

Family Law and the Consequences It Holds Beyond the Courtroom

Bowie, MD—Paul J. Reinstein knew he wanted to be a family lawyer for good when he realized that in the family court system, there are consequences that can extend far beyond the courtroom.

“I remember many years ago when I represented a woman who was being physically abused by her husband,” he told laws.com in a recent interview.  “This was one of those cases where the level of abuse was pretty severe, and we had to work hard to get her out of the situation and get her to a safe place.  The turning point for me was knowing that we were doing something to actually save her life.”

(More on News at LAWS.com, Contact Sean for interviews “seanc@laws.com”)

Reinstein, who was recently ranked #3 in the Super Lawyers Best of the Best ranking for Maryland, says that working as a divorce attorney can be a rewarding job.  “When I take a case, I find my clients at their worst point,” he told laws.com in a recent interview.  “I love family law because it gives me an opportunity to help these folks through a difficult time in their lives.”

According to Reinstein, the court systems in Maryland have been promoting alternate dispute resolution techniques including mediation, collaborative law, and negotiation.  Collaborative law, the newest of these three techniques, is one that he believes is not necessarily for everybody.

“It requires a great deal of ability to put aside your own agenda, step out of your skin, and look at it from the other spouse's perspective, or even a child's viewpoint,” he says.  “Some are able to do it.  Other people tend to be more narcissistic, and it is difficult for them to see the world through another's eyes.  Those cases are hard to sell.”

Another factor leading to many couples choosing divorce through collaborative law or mediation rather than litigation is the sluggish economy.  “In prior years, people would tap into home equity lines and lines of credit to fund divorces.  When the market crashed, all the equity disappeared,” Reinstein says.  “Suddenly, there were no resources to fund the divorce. It forced people to become more creative to resolve issues without having to find the money to go to court and litigate.”

For spouses who are considering looking for a divorce attorney, Reinstein explains that the process of finding the right lawyer is all about compatibility, and that there is just no attorney who is right for everybody.  “I often make the analogy of finding the right surgeon to perform surgery on you,” he says.  “You shop around, talk to multiple lawyers, find the right fit.  You have to find one who you can trust to meet your needs and whose personality meshes with your own so you will feel comfortable, because you will be working closely together for a period of time.”

Couples who are at an early phase in their relationship should think hard before they choose to marry, according to Reinstein.  “I often joke that they should pass a law where people can't get married before they turn 30 or 35,” he says.  “Young people tend not to see marriage as the long run.  After 10 or 15 years, people mature and grow at different rates.  I caution young people all the time to make sure they are certain that they want to spend the rest of their life with this person.  This isn't something you can figure out after knowing the other person for only a short time.”

10 Things You Must Know When Getting Divorced

10 Things You Must Know When Getting Divorced

 

When going through a divorce, the following is a list of 10 factors that you should know.

1   Emotions

When going through a divorce, you will feel stressed, angry, and upset. Seeking divorce advice through a therapist may help to ease the emotions that you are feeling. It is important to remember that a divorce can be a quick process if both parties act accordingly.

2   Choosing A Divorce Attorney

During a divorce, help will come directly from your attorney. Therefore it is important to choose an attorney that you feel a sense of comfort and trust in. Look for an attorney who can offer both divorce advice, as well as has a history in divorce court cases. Divorce attorneys can be found online or through word of reference.

3   Children

If you are going through a divorce and there are children involved, it is important to keep them in both parties’ best interest. Child custody can be a confusing element for parents to deal with, as well as for children to understand.  Talking to your lawyer about child custody cases will help better understand the process.

4   Marital History

A divorce attorney will help you prepare a detailed list of the relationship. This can be a time consuming task to complete, however it can be used to help address the final outcomes of the divorce.

5   Marital Lifestyle

After completing the marital history, a divorce attorney may then assist you in generating a list of how the couple lived their life together. This list will include information about real estates, savings accounts, automobiles, children’s expenses, and jewelry. This information will be used to determine any matrimonial disputes regarding finances. It is important to consult you attorney about this.

6   Identify Desires

After summarizing the marital history and marital lifestyle, you will then have to declare what you wish to be the outcomes of the divorce; such as how much child support you would like to receive per month.

7   Collect Documents

While undergoing a divorce, important documents will be required to show to the court. Some of these documents include: tax returns, business records, bank statements, insurance policies, wills, and property appraisals.

8   Prepare For The Equitable Distribution

Your attorney will help you generate a list of properties that will be divided between the couple.  The list should take into consideration, real estate, vehicles, personal property, credit cards, mortgages, and stock options.

9   Create A List Of Personal Education And Employment History

This list will help you when you are settling on an alimony agreement or on a child support agreement. It is important to include past employment and education, current schooling and employment, and future employment or education plans.

10   Understand Discovery

It is important to understand the reason for a discovery, as well as plan for your own discovery. Your attorney should provide divorce advice on how to prepare for a discovery as well as what the discovery may consist of. More divorce help which can be used during a discovery can be generated through private investigators and recordings of a conversation between you and your spouse.

Uncontested Divorce Michigan

Uncontested Divorce Michigan

 

A Brief Introduction to Uncontested Divorce in Michigan

 

An uncontested divorce in Michigan means the two parties in a divorce action have had no contact with each other, either because the non-filing spouse cannot be located or because the non-filing spouse failed to respond to the Petition for Divorce. In either case, the same uncontested divorce in Michigan procedure is followed.

 

How to File for an Uncontested Divorce in Michigan

 

It can be quite the burden to file for an uncontested divorce in Michigan, since all the paperwork comes down to one spouse who acts as the sole petitioner. Uncontested Divorce In Michigan requires all the documents normally required to file for divorce, including:

 

• Complaint for Divorce, stating important identifying information about both spouses as well as whether children are involved and what property there will be to divide, if any;

• Marital Settlement Agreement, in which the petitioner lists all of their claims regarding how property will be divided, what child custody will be, what child visitation rights are acceptable, and whether child or spousal support orders should need to be created;

• A Uniform Child Custody Jurisdiction Enforcement Act Affidavit (UCCJEA), in which any minor child’s proper legal home is stated so as to prevent any kidnapping by the other spouse;

• A Verified Statement and Application for IV-D Services which is used to help collect and keep track of child support payments.

 

Additionally, petitioners for uncontested divorce in Michigan must file a Summons which gives the other spouse 21 days to answer a Complaint if they are believed to be in Michigan and 28 days if they are believed to be in a different state. The Summons will be mailed to them along with a copy of the Complaint for Divorce. It is only when this complaint goes unanswered and no sheriff is able to locate the other spouse that the divorce becomes a truly uncontested divorce in Michigan.

 

A Diligent Search

 

If the spouse in an uncontested divorce in Michigan cannot be located, then the state of Michigan requires that a diligent search be undertaken to find their whereabouts. Such a search includes looking in the phonebooks of possible areas of residence, looking for clues in their local tax records, consulting their friends and family, interviewing the post office of the area where they were last known to reside, discovering if they have a current driver’s license, and checking in with former landlords and employers. 

 

If no address is uncovered using this method, then a Motion and Verification for Alternative Service must be filed. It allows for the summons to be published in the newspaper and hoping that the other spouse will respond.

 

Aftermath of Filing for an Uncontested Divorce in Michigan

 

Since no one is available to fight or to contest your claims, everything put in writing in the Complaint for Divorce and the Marital Settlement Agreement will proceed to the Court judge once a hearing is scheduled and will be approved at that time before passing into law.

Uncontested Divorce Louisiana

Uncontested Divorce Louisiana

 

How to Get an Uncontested Divorce In Louisiana

 

An uncontested divorce in Louisiana is one in which both parties are in agreement concerning every term of their divorce. If you disagree about how much joint property you should maintain, or what child support should be, then you can’t get an uncontested divorce in Louisiana and should realize that, unless some compromise is made, you’re headed for a trial. 

 

Qualifications for an Uncontested Divorce In Louisiana

 

If you would like to file for an uncontested divorce in Louisiana, then one party must have maintained residence in the state for at least 12 months prior to filing. You must file in the Parish Civil Court of the district in which you or your spouse resides. It does not matter which parish. 

 

Louisiana is also a No-Fault divorce state, so it is not as if only certain marital setbacks qualify your relationship as divorce ready. Simple marital breakdown can be cited as enough cause for an uncontested divorce in Louisiana.

 

The Petition for Divorce, CCP Art. 961

 

This is the first form that you will file to really get the ball rolling on your uncontested divorce in Louisiana. You’ll need to put down personal identifying information about yourself and your spouse, state when the marriage began, and why it is currently breaking down.

 

At this time, you will have to also pay a filing fee to your Parish Court Clerk. This filing fee varies depending on county, but in most of Louisiana it is significantly more than three hundred dollars.

 

The Long Wait and the Next Step

 

After the initial filing of the Petition for Divorce, you will need to wait at least 180 days before further action can be taken. That is because this is the court-mandated time that a couple must live separately before they can be considered for uncontested divorce in Louisiana. If yours is a marriage with children, then even more time needs to be taken, an entire year before the uncontested divorce in Louisiana can inch toward being put into law.

 

You will need to set a “Confirmation of Default” hearing date for after the 180 day period has passed. At this hearing, the final steps for your divorce will be taken. In a contested Louisiana divorce, this document is called a “Motion to Set for Trial,” so be sure to get the one relevant to your situation.

 

In preparation for the hearing, be sure to file the Rule to Show Cause CCP ART. 3952 which asks the court to issue you a final judgment regarding your uncontested divorce in Louisiana. If you’re a couple with children, you will also need to file an Affidavit of Mover CCP Art. 3956. Bring these forms and a copy of your Separation Agreement or, as it is sometimes called the Proposed Judgment, listing all the terms of the divorce such as the division of property, to the court house when your final hearing is scheduled. Barring unforeseen complications, the judge will approve your proposed judgment in the official judgment and finalize the uncontested divorce in Louisiana.

 

Uncontested Divorce Massachusetts

Uncontested Divorce Massachusetts

 

How to Get an Uncontested Divorce in Massachusetts

 

Step 1: Deciding if an Uncontested Divorce in Massachusetts is Appropriate

 

An uncontested divorce in Massachusetts can be defined as one in which both spouses agree to get divorced and how to live after getting divorced, as in how to split property and debt and how children will be treated if children were or will be a result of the marriage. 

 

Step 2: Filing for Uncontested Divorce in Massachusetts

 

Many forms are necessary at the outset if you wish to file for uncontested divorce in Massachusetts. Those forms may include:

 

• A Joint Petition for Divorce, in which the civil action desired is named. Find it here

• A Divorce or Annulment Certification Vital Statistics form, which is used for record-keeping purposes. Find it here

• A Separation Agreement, signed by each party, concerning the distribution of property and all other post-marital issues.

• A Trial Request Form, in which the spouse asks for the judge to hear their pleadings.

• Financial Statements, completed separately. They can be found here

• Worksheet for Child Support Guidelines, in which an individual works through the income data required to calculate a child support order. Use it here

• Affidavit Disclosing Child Custody, also called a Parenting Plan.

• Application to the Child Support Enforcement Services (called DOR), the organization which oversees the payment of support.

 

Couples with children are also required to the PACT Program, which stands for Parents and Children in Transition. A certificate of completion must be presented for it by the time of the divorce hearing.

 

Step 3: Presenting Your Uncontested Divorce in Massachusetts

 

If one of the main benefits of an uncontested divorce in Massachusetts is that you don’t have to stand trial, that doesn’t mean that you don’t have to appear in front of the court. In fact, for the divorce to become final, a hearing will have to be held in which a judge will look over the facts of your case and your plans for the future and approve it if it sounds satisfactory. 

 

You will need to print several new forms about your uncontested divorce in Massachusetts to the hearing. They include the completed and signed Financial Statements from both spouses and your written Separation Agreement. If you have children, you will also need to bring completed a Child Support Guidelines Worksheet, a wage assignment, and a Department of Revenue Application.

 

After the judge asks you a few questions attempting to decipher whether the uncontested divorce in Massachusetts is fair to both parties, your agreement should be approved. Assuming that you filed a 1A Joint Petition for Divorce, you’ll receive a form called Findings and Order, and only after about a month will you receive the Judgment of Divorce, making your separation final and irrevocable.

Uncontested Divorce Iowa

Uncontested Divorce Iowa

 

How to Get an Uncontested Divorce Iowa

 

Uncontested means not fought over or disputed, but of course that is a misnomer. Any divorce has been fought over for years, with both parties trying desperately to salvage the relationship before deciding fatefully that it is an irredeemable state of disrepair. An uncontested divorce Iowa means that, after these months or years of arguments, an agreement has been reached, not only that a divorce is in the best interest of both parties involved, but there is agreement over the terms of the settlement. Any disagreement and it is no longer an uncontested divorce Iowa. Yet this is not to say that this is a simple matter to get an uncontested divorce Iowa. Rather it is a complicated procedure that you should research heavily in order to familiarize yourself with it.

 

Qualifying for an Uncontested Divorce Iowa

 

If you want to file for an uncontested divorce Iowa, you need to meet certain important qualifications. As said above, you need to come to an agreement on all the terms of the divorce agreement, such as the division of property. If children are involved, this can be very difficult since it means agreeing on child custody, child visitation rights, and child support. You must also meet the requirements for filing for divorce. You must have been a resident of Iowa for at least one year. You must also file for uncontested divorce Iowa in a county where either (it doesn’t matter which) of the parties resides. Iowa is a no-fault divorce state, so the only reason that needs be sighted is that there is no reasonable likelihood of the marriage’s survival.

 

Filing for Uncontested Divorce Iowa

 

One spouse must elect to be the “Petitioner” and officially file for uncontested divorce Iowa. In doing so, they need to complete the following forms:

 

• A Petition for Dissolution of Marriage with No Minor Children, Form FL-101

• A Coversheet for Petition for Dissolution of Marriage with No Minor Children, Form FL-102

• A Confidential Information Form, FL-103 which includes Social Security numbers and other confidential information and must be filled on individually be each spouse

• Original Notice of Personal Service, Form FL-104, which will be given to the non-Petitioner (the Respondent)

• An Acceptance of Service of Original Notice, Form FL-105, given in by the Respondent to answer Form FL-104

• Directions for Service of Original Notice, Form FL-106

 

Notice that the above forms are only for an uncontested divorce Iowa in which no minor children have resulted or will result. Different versions of the same forms are needed if minor children are involved.

 

After the Respondent receives the Original Notice of Personal Service, Form FL-104, both parties will need to do some intermediate filing. These include the following forms:

 

• A Motion, Form FL-122, asking the court to set a hearing date for the Divorce Decree

• A Financial Affidavit, Form FL-124, in which both parties must record their financial information for settlement purposes

• Request for Relief (Final Decree) in Dissolution of Marriage with No Children, Form FL-127, which will give you a default divorce at a hearing without a trial

• Settlement Agreement for Dissolution of Marriage with No Children, Form FL-128, which lays out the agreed upon divorce terms and which the Judge will sign into law.

Contested Divorce in Nevada

Contested Divorce in Nevada

 

Contested Divorce in Nevada

 

What is a Contested Divorce?

 

A contested divorce is a complicated form of divorce where the involved spouses disagree on one or more matters of the prospective filing. A contested divorce may result in the following disagreements:  child custody, spousal support, division of assets/property, living arrangements etc. 

 

Contested divorce law requires the petitioner to file divorce papers to the other spouse. Divorce papers may be filed by mail or given to a sheriff/third-party for serving purposes. 

 

Your prospective divorce officially becomes contested when your spouse disagrees on certain aspects of the filing. When the papers are served, the receiving party has 30 days to respond to the petition. Therefore, contesting the divorce or any aspect of the decree, such as child custody, alimony and support must be legally done so in the 30-day time period. 

 

If you or your spouse contests the prospective divorce, you must expect a lengthy and emotional legal battle. The more disagreements your spouse or you contest to, the more complex the filing becomes. Every issue contested—division of assets/debts, alimony, child support, child custody etc.—the more money and time the filing will cost you. 

 

A contested divorce necessitates the hiring of divorce lawyers. A divorce lawyer is paid to act as an arbitrator for you and your spouse; these professionals attempt to settle any disagreements that may affect your filing. 

 

When all avenues to resolve the filing are spent, your divorce will then become the burned of the local court. Instead of you and your prospective ex deciding how to divide the assets or issues of your former marriage, the decision will fall on the judge assigned to the case. When your divorce is contested, your future is essentially in control of the legal system. 

 

The best way to avoid a contested divorce is to work-out an agreeable solution to the division of your assets acquired during your marriage. To avoid a lengthy trial, you and your spouse must agree on how you two will pay-off debts, split assets and agree child-support/custody issues. 

 

Contested Divorce in Nevada:

 

A contested divorce in Nevada takes place whenever there is a disagreement over any area of the divorce proceedings. The size of the dispute does not matter; a contested divorce in Nevada arises whenever you and your spouse do not agree on any terms of the filing. If you and your spouse agree on every issue of the filing, you can file for the easier and cheaper uncontested divorce in Nevada. 

 

In a contested divorce in Nevada, you and your spouse will engage in the following spots:

 

1. In a contested divorce in Nevada, you or your spouse will file a complaint. Once the complaint is filed it must be delivered to the other spouse. The complaint may be delivered via the mail, from your local sheriff or by a 3rd party serving agency. Once the complaint is filed, the other party has 20 days to respond with a formal answer to the divorce form. 

 

2. After the receiving spouse responds to the complaint, a case management conference will be held. During this conference, the court will determine important case dates and deadlines. 

 

3. The presiding divorce court will enter a case management order. 

 

4. Once a case management order is established, the contested divorce in Nevada will formally undergo the discovery phase. Depending on the complexity of your filing, the discovery process may take several months to complete. 

 

5. If children are involved in your contested divorce in Nevada, a child custody evaluation may take place. This process will involve an investigation; the state of Nevada will utilize an agent to observe your parenting skills and your financial ability to raise a child. Following the investigation, the agent will provide a recommendation to the divorce court. 

 

6. The next phase of a contested divorce in Nevada will include the establishment of temporary orders for child support, child custody, visitation, spousal support, attorney’s fees and the exclusive possession of marital residence. 

 

7. If you and your spouse agree to come to an agreement with regards to the issues of the filing (child support, child custody, attorney’s fees, spousal support, visitation rights etc.) the matter is resolved and a divorce filing will formally be entered by the court. A contested divorce filing in Nevada reflects the agreements and wants of you and your spouse. 

 

8. If you and your spouse cannot resolve your issues, your divorce filing will undergo a formal trial. When the trial is finalized, the divorce court will enter a decree, which details the settlement and the terms of the divorce. 

Uncontested Divorce Kansas

Uncontested Divorce Kansas

 

How to Obtain an Uncontested Divorce Kansas

 

Who Can Get an Uncontested Divorce Kansas?

An uncontested divorce Kansas just means that both parties agree to all terms of divorce. Occasionally this is thought to mean just that both parties agree that a divorce is necessary, but this is simply incorrect. Instead, both spouses have to agree on all the terms of their divorce agreement, like how their property will be split between them. An uncontested divorce Kansas can be rare when it comes to dissolving a marriage with children, since there are many factors that must be agreed upon, such as child custody, child visitation and what amount of child support is necessary, if any. 

 

Additionally, in order to file for any divorce in the state, whether or not it’s an uncontested divorce Kansas, you must meet the residency requirements of the state. That means having been a resident for at least 60 days prior to filing. You must file in the county in which either yourself or your spouse has residence. Kansas is a no-fault divorce state, so you don’t need any specific cause to file for divorce.

 

How Do I File for an Uncontested Divorce Kansas without Children?

If your marriage did not and will not result in children, then one spouse must go their district court house and file two forms: A Civil Information Sheet where you describe the legal action that is being undertaken and A Petition for Divorce (without Children) identifying yourself and beginning the uncontested divorce Kansas process.

 

The next step will be to notify the Respondent. Since this is an uncontested divorce Kansas, you should be able to do this in person and have them sign an Entry of Appearance and Waiver of Service. If they are out of town, then the Petition and Waiver may be sent by Certified Mail to the Respondent with a Return Receipt Requested, and the signature on the Return Receipt will be enough to qualify as notification in court.

 

After this is done, the Petitioner will schedule a hearing with the court. At the hearing, you will need to present completed versions of the Decree of Divorce and of the Certificate of Divorce, as well as a Separation Agreement which will stipulate how your property is to be split. The judge will look over these documents and sign the Certificate of Divorce, finalizing the process.

 

How Do I File for an Uncontested Divorce Kansas with Children?

At the outset, you will need the Civil Information Sheet filled out, as before, to file for an uncontested divorce Kansas, but you will also need Petition for Divorce (with Children). You will need three additional forms as well: a Parenting Plan which establishes what child visitation will be and what the terms of custody are; a Child Support Worksheet helping to put in writing what child support payments will be and whether they are required; and a Domestic Relations Affidavit where the financial situation of both spouses are made part of the court record. After this, the uncontested divorce Kansas process will proceed as without children with the notification of the Respondent. 

Uncontested Divorce Indiana

Uncontested Divorce Indiana

 

How to Get an Uncontested Divorce Indiana

Divorces are painful for every party involved, no matter what. However, an uncontested divorce Indiana may significantly lower the tension of the situation since it ends disagreement between the two spouses. An uncontested divorce Indiana is one in which both parties agree on all terms of the divorce, beginning with the belief that a divorce is necessary but including all terms of the divorce including how property will be divided and what child custody, visitation and support will look like if children are involved. Even an uncontested divorce Indian can be hugely stressful though, with all the paperwork and seemingly unnecessary procedures involved. Therefore, you should familiarize yourself with the process as much as possible before filing for your uncontested divorce Indiana.

 

Who Can Get an Uncontested Divorce Indiana?

Once again, both parties must agree on every term of divorce to qualify for an uncontested divorce Indiana, but there are further requirements for general divorce in the state. Most significantly is the residency requirement: you must have lived in Indiana the past six months, and more specifically in the county in which you are filing for divorce for the past ninety days.

 

How Do I Start the Uncontested Divorce Indiana Process?

The first thing to do is to file a Petition for Dissolution. This will be included in a packet that you can get online at the Indiana courts website. There are two available. The packet for “Divorce with children and with an agreement on all issues” is available here. The packet for “Divorce without children and with an agreement on all issues” is available here

 

You will fill out the forms found in both packets and print two copies. One must be on white paper and not contain such personal information as your Social Security numbers, your bank account numbers, you medical records, and any child abuse records. This white copy will be available for public records later. The other copy will contain all of that personal information and will be on light green paper.

 

Next you will take all the forms—save the Verified Waiver of Final Hearing, Settlement Agreement and the Decree of Dissolution of Marriage, which will be needed later—and take them to the Clerk at the appropriate Court with your spouse. Make sure to have copies of all and bring them to the court with you 

 

How Is the Uncontested Divorce Indiana Finalized?

Before getting an uncontested divorce Indiana, you will have to wait at least sixty days from the date of the initial filing. After that time, you must go to the court with the Waiver of Final Hearing, the Settlement Agreement, and the Decree of Dissolution of Marriage, plus copies. Barring something extraordinary, the Judge will sign the Settlement Agreement and the Decree of Dissolution of Marriage. The uncontested divorce Indiana is now finalized, and you will later receive a copy of the signed documents in the mail.