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Uncontested Divorce Indiana

Uncontested Divorce Indiana

Uncontested Divorce in Indiana: What You Need to Know

An uncontested divorce is an alternative to traditional divorce proceedings, allowing couples who agree on all aspects of their divorce to finalize their separation quicker. In Indiana, uncontested divorces have a streamlined process that can be inexpensive, efficient, and less stressful compared to a contested divorce. In this article, we explore what you need to know about uncontested divorce in Indiana, using the following headings:

1. Grounds for Divorce in Indiana

Indiana allows for both no-fault and fault-based divorces. To file for a no-fault divorce in Indiana, one party must claim that the marriage is irretrievably broken, meaning that the relationship is so damaged it cannot be repaired. Fault-based divorce grounds in Indiana include impotence, adultery, abandonment, and conviction of a felony.

2. Requirements for an Uncontested Divorce

To be eligible for an uncontested divorce in Indiana, both spouses must agree on all aspects of the divorce, such as child custody, child support, spousal support, and the division of assets and debts. An uncontested divorce can only proceed when there are no points of conflict, and any differences are resolved amicably.

3. Documents and Regular Legal Procedures

Before filing an uncontested divorce, both parties must complete and sign the necessary forms, including the Petition for Dissolution of Marriage, Appearance and Waiver of Notice, among others. The completed forms must then be filed with the court. Indiana courts also have a “60-day rule,” which requires that the divorce finalization is not granted until 60 days after the filing of the case.

4. Advantages of an Uncontested Divorce

One of the major advantages of an uncontested divorce is the cost savings of the process. Because the couple agrees to a settlement amount outside of the court system, an uncontested divorce is often less expensive than a contested divorce. Additionally, an uncontested divorce can create a less contentious and more cooperative environment between spouses, which can be beneficial when children are also involved in the divorce.

5. Consulting with an Attorney

Regardless of whether an uncontested divorce is involved in your case, it’s always best to consult with an experienced family law attorney. A divorce lawyer can help couples understand the legal processes involved, ensure that every agreement is drafted correctly, and help prevent future legal issues related to the divorce.

Conclusion

In conclusion, an uncontested divorce in Indiana is an ideal solution for couples who want an amicable and speedy separation. However, it’s important to understand the requirements for filing an uncontested divorce, complete the required forms, and file the documents with the court. With an uncontested divorce, minimal legal disputes are involved, and both parties can maintain control over their case’s outcomes. If you’re in Indiana and considering filing for an uncontested divorce, consulting with an experienced divorce attorney can provide you with the legal support you need.


How to Get an Uncontested Divorce Indiana

Divorces are painful for every party involved, no matter what. However, an uncontested divorce in Indiana may significantly lower the tension of the situation since it ends with disagreement between the two spouses.

An uncontested divorce in 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 in 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 in 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, your 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 in 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 in Indiana is now finalized, and you will later receive a copy of the signed documents in the mail.