Indiana has its own set of divorce laws that are required to be followed if you want to file for divorce in Indiana. If you are considering filing for divorce in Indiana, you may be curious about the process and what you should do. The good news is that there are no new updates to Indiana’s divorce law in 2023 so the same requirements and procedures are still in place. If you are considering divorce, please at least consult an experienced Indiana divorce attorney who can evaluate your situation and perhaps assist you with reaching your legal goals. Read on to get a general idea of what is required to file for divorce in Indiana in 2023.
Divorce Laws in Indiana
In order to file for divorce in Indiana, the law remains the same as it was in 2022. For more in depth information on Legal Requirements For A Divorce In Indiana read our article. Here is a breakdown of the basic steps required to get a divorce in Indiana:
What are Residency Requirements?
To file for divorce in Indiana, one or both spouses must meet the residency requirement. Indiana requires that at least one of the spouses be a resident of the state of Indiana for six months and a resident of the county they file for divorce in for three months.
File Petition Based On Appropriate Grounds
Indiana is a no-fault divorce state, meaning that one spouse does not have to prove that the other spouse did something “bad” to get a divorce. An example of this is a lot of people who come to an attorney wanting a divorce because their spouse cheated on them, which is an understandable reaction but legally speaking, the affair is not required as a ground for a divorce. It is not even brought up in court because it is not legally relevant (most of the time). The only thing you need to plead in the petition is that the marriage is irretrievably broken.
There are exceptions for the no-fault divorce. If one spouse files and can show that the other spouse has been convicted of a felony, suffers from impotence, or has been incurably insane for at least two years, the court will grant a divorce for these reasons.
You will need to know if you are going to file a joint petition or if the other spouse will contest. If the divorce is not amicable, then you would be wise to be the first one to file. While this does not offer a technical advantage, it gives you a head start on the divorce and asking the court for certain things.
Proper Service To The Other Spouse
The other party is entitled to appropriate service and a reasonable opportunity to respond. Sometimes, a spouse will actively dodge the process server either because they don’t want the divorce to happen or just to be a pain. The court system is prepared to deal with these kinds of issues. In Indiana, if you cannot achieve personal service on your spouse for whatever reason (dodging or they have disappeared), the court will allow something called to service by publication. This is when a copy of the summons is published in a local newspaper, usually for about three weeks and then the court will consider the other spouse adequately noticed, and the divorce process can move forward.
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Other Spouse Files A Response
If the divorce is contested, either because the other spouse does not want one or the other spouse wants different things from the court, they will file a response. Anticipate that there will probably be issues that the two of you don’t agree on, like the division of debts and property. Try to reach common ground on the division of marital property, and it will make your life easier in the long run.
What is the Waiting Period for Divorce?
Indiana requires a minimum of 60 days to pass before entering a divorce decree. Do not think that you will be able to get a divorce in 60 days. It will depend on how hard each of you fight on specific issues like child custody, child support, and alimony, plus the division of the marital estate. Divorce in Indiana can take much, much longer than 60 days. Fortunately, if necessary, the court can issue temporary orders to cover any concerns during the waiting period. The temporary orders can be for things like child custody, support, and visitation. The court may also issue a temporary order pertaining to alimony if needed.
Try To Work Out The Issues Of Child Custody, Child Support, And Alimony
The issues of child custody, child support, and possible alimony are usually the most challenging issues in a divorce. Even if the two of you don’t have children, many people still fight over alimony (sometimes called spousal support), which can slow down the divorce process. While you should fight for what is very important to you, you should at least attempt to work things out with your soon-to-be former spouse, especially if there are children. The idea behind this is that either the two of you can come to an agreement that you can live with, or the court will decide for you and order something you have to live with. For more information on different ways to work out divorce in Indiana read our article, Everything You Need To Know About Uncontested Divorce in Indiana.
If you cannot work out the issues of custody, support, and alimony, you can try mediation. Otherwise, you will have to argue the issues for the court.
Mediation is always a possibility for couples who are divorcing. A mediator can sit down with the two of you and structure a rational discussion about dividing the marital estate, who gets the children, and if there should be spousal support. While mediation does not always work, it is always worth a try and can lead to great results for the divorcing parties.
Possible Motion Practice Or Discovery Issues
It could be that your divorce will be slowed down by either motion practice or discovery issues, or both. Motion practice is when one party to a divorce is not doing what they should be doing or what they were told to do by the court. In the event of one party not complying, the other side usually files a motion asking the court for relief and sometimes even for the non-complying party to pay the attorney’s fees for the cost of preparing and filing the motion. Discovery, the process where each side gets to ask the other side for information, can also slow things down if one or both sides are not cooperating or fail to provide the requested information without adequate reason.
Issuance of the Decree of Divorce
Once any issues related to child custody, child support, and alimony are resolved and the parties either agree on the division of the marital estate or the court divides the marital estate for them, the decree of divorce can be issued.
Can I Get Married After Divorce?
You cannot get married to someone else until you have a decree of divorce issued by the Indiana court. You can start dating as soon as you want but keep in mind that it can certainly complicate your divorce. If your spouse finds out about the other person, they can certainly take steps to make things difficult.
Modification of Orders
In Indiana, you can go back and ask for modification of an order in relation to child custody, support, or visitation. If there is a significant change in circumstances, it is up to you to bring it to the court’s attention and ask for changes.
How Do Name Changes Work in Divorce?
The spouse who changed their name at the time of marriage can ask that the divorce decree change their name back or to something else. If there are minor children in the marriage, you cannot change their last names without the consent of the other parent.
If you are looking to learn more about how to file for divorce in Indiana, please click here.
If you're looking to learn more about how much divorce in Indiana costs, please read here.
If you are looking for an Indiana divorce attorney to assist you in this matter, please click here to find an Indiana divorce lawyer near you.
While we serve most of Indiana, if you’re in the Indianapolis, IN area and are looking for an experienced Indianapolis divorce attorney to assist you, please feel free to reach out to O’Flaherty Law of Indianapolis at:
O'Flaherty Law of Indianapolis
22 E. Washington St., Ste. 210A
Indianapolis, IN 46204
(463) 888 - 9054
indianapolis.in@oflaherty-law.com
https://www.oflaherty-law.com/areas-of-law/indianapolis-attorneys
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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