Introduction
Going through a divorce can be an emotionally challenging experience, and it can become even more complicated when your spouse fails to respond to your divorce petition. In the state of Indiana, it is required to serve the divorce petition to your spouse, who then has a period of 20 days to respond. However, what happens if this deadline passes without any response from your spouse? Allow us to shed some light on this situation.
Default Divorce
When your spouse does not respond to the divorce petition in Indiana, the court has the authority to enter a default judgment. This means that the court will grant your divorce without any participation from your spouse. In this way, the divorce process can move forward seamlessly, even if your spouse is absent or uncooperative.
Grounds for Divorce
Upon entering a default judgment, the court also has the power to rule on the grounds for the divorce. In Indiana, divorces can be categorized into two main types: fault-based and no-fault divorces. If you are seeking a no-fault divorce, you will be granted one as long as you meet the residency requirements. On the other hand, if you are pursuing a fault-based divorce, you will need to provide evidence to prove that your spouse was at fault for the breakdown of your marriage.
Property Division
In a default divorce, the court will also determine the division of property, which includes assets and debts. If you and your spouse have reached an agreement regarding the division of property, you can submit a written agreement to the court. However, if your spouse fails to respond or participate in the process, the decision about property division will be made by the court on your behalf.
Child Custody and Support
If you have children, the court will also make decisions regarding child custody and support in a default divorce. The court’s primary consideration will be the best interest of the children involved. Additionally, the court will determine the appropriate amount of child support based on the guidelines established by the Indiana Child Support Guidelines.
Appeal Process
In the event that your spouse does not respond to the divorce petition and a default judgment is entered, they still retain the option to appeal the ruling within a period of 30 days. If your spouse decides to file an appeal, the case will be reopened, and the divorce process will continue accordingly.
Conclusion
Although it can be frustrating when your spouse fails to respond to your divorce petition, it is important to remember that the court can still grant your divorce through a default judgment. This allows you to proceed with your life and embark on the healing process. If you find yourself unsure about the divorce process or your rights, it is highly recommended to seek guidance from an experienced Indiana divorce attorney who can provide you with the necessary support and legal advice.