Divorce is undoubtedly one of the most challenging and life-changing decisions that a couple can make. The decision to end a long-term relationship can be incredibly stressful and emotionally draining, and going through a divorce process is seldom an easy task. However, when spouses mutually agree to dissolve their marriage without a court battle, the process is deemed an uncontested divorce, significantly easing the associated challenges. Indiana offers such an option that is quick and straightforward if certain specific requirements are met.
Requirements for Uncontested Divorce in Indiana
Indiana State law provides that spouses must wait for sixty (60) days after filing their petition before the court can grant their uncontested divorce. During this sixty (60) day period, spouses are expected to sort out all relevant issues relating to their divorce, including child custody, child support, spousal support, and division of properties. To file an uncontested divorce in Indiana, certain requirements must be met.
Residency Requirement
Spouses seeking an uncontested divorce in Indiana must meet the state’s residency requirement. Either or both spouses must have been residents of Indiana for at least the past six (6) months before commencing divorce proceedings.
Grounds for Divorce
Indiana is a "no-fault" divorce state, meaning that spouses are not required to provide any specific grounds for divorce, other than to state their marriage is irretrievably broken.
Agreement on Division of Assets and Liabilities
To qualify for an uncontested divorce in Indiana, the spouses must have reached an agreement regarding the division of their marital assets and liabilities. In Indiana, this means that the property division is made based on what is fair and reasonable in the specific circumstances of the case.
Agreement on Custody, Parenting Time, and Child Support
The couple must reach an agreement on child custody, parenting time (visitation), and child support payments. The agreement must conform to Indiana state child custody laws, and the court will only approve a parenting plan that is in the best interests of the children.
Agreement on Spousal Support (Alimony)
When applicable, the spouses must also agree on any spousal support, otherwise known as alimony. Indiana courts determine spousal support using the same fair, and reasonable standard applied to property division.
The Process of Filing for Uncontested Divorce in Indiana
An uncontested divorce process involves much less work and is less stressful than a contested divorce case. The process usually consists of six (6) steps:
Step 1: File a Petition for Dissolution of Marriage
The first stage of the uncontested divorce process is to file a Petition for Dissolution of Marriage in the Indiana County Circuit Court where either of the parties resides. The document will carry some fundamental information about the parties, including names, addresses, and brief background details of the marriage.
Step 2: Serve your Spouse
After filing the petition, the filer must serve their spouse with a copy of the divorce papers. In Indiana, the serving process can be completed by mail, messenger, or an individual with legal capacity.
Step 3: Finishing the 60-day Waiting Period
After serving your spouse, both parties must wait for the 60-day waiting period to elapse.
Step 4: Sign the Divorce Agreement
Once the 60-day waiting period expires, and both parties have come to an agreement, the couple will sign a written divorce agreement, outlining all relevant terms and provisions of the divorce agreement. This document must be notarized, ensuring that both parties willingly agree to the terms outlined in the divorce agreement.
Step 5: File the Agreement with the Court
After the divorce agreement is signed, it must be submitted to the court along with some other basic documents, including a Joint Petition for Divorce, a Notice of Hearing, and a Financial Affidavit.
Step 6: Finalization of Divorce
Lastly, once all the above documents are submitted to the court, the court will consider verifying that all aspects of the divorce have been settled correctly. If the Court is satisfied that everything is in order, they will issue an order, and the uncontested divorce will be granted.
Conclusion
Divorce can be emotionally exhausting and financially draining, but the process does not have to be necessarily contentious. Uncontested divorce in Indiana is an excellent option for couples who can agree on their divorce terms and don’t want to spend a lot of money or time on a litigated divorce. At all stages of the divorce process, it is essential to seek legal advice from a qualified divorce attorney to ensure that your rights and interests are protected.