One or both spouses have lived in their current county for at least the past three months; and 3. The spouses have biological or adopted minor children together; and 4. The spouses have an agreement on custody, parenting time and how property including housing, cars and retirement accounts and debts should be divided.
These Divorce With Children and With Agreement forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed. These Divorce With Children and Without Agreement forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed. The spouses do not have biological or adopted minor children together; and 4.
The online service will charge you a fee for their services and our favorite is 3stepdivorce. Using an online service is a fairly inexpensive and less of a headache than the DIY option. If your spouse and you are unable to come to an agreement on the key issues of your divorce, then your divorce case will go to trial, where a judge will hear your case and pass a judgment on the various issues. Both parties will be required to hire a divorce lawyer to represent their cases in court.
According to the Indiana law, the division of property in the case of a divorce must be equitable, which means that the division may not necessarily be equal but must be fair. Although according to the Indiana law, there is a distinction between marital property and separate property, the judge can divide the property of both spouses in any way that is fair, irrespective of when the property was bought or which spouse owns the property.
The court presumes that the equal division of all property is fair unless one spouse claims that a property is separate and presents evidence that the division of that property is unfair.
For instance, a house that is owned by you can become marital property if your spouse and you make the mortgage and other payments. If your spouse and you are unable to decide what property belongs to whom, the judge will decide whether the property must be treated as separate property belonging to one spouse only.
The court may consider other factors when deciding that it is more appropriate to divide the property unequally rather than an equal division.
The judge will also consider any tax liabilities of the property division on the economic situation of each spouse. And, in the case that there is little property or no property to divide and if one spouse has contributed financially to the post-secondary education of the other, the judge may order the contributing spouse to get a reimbursement. In the case that your spouse and you make your own agreement, then you can divide the property in whatever way you want.
Some parties may have a premarital agreement which lists which property is marital and which is separate and this makes dividing the property easier. There are 2 aspects of child custody in Indiana — physical custody and legal custody. Physical custody is the decision who the child will live with and legal custody is which parent has the decision-making power.
In determining both these, the court will consider the factors that are in the best interests of the child before making a decision, including:. Parents are obligated to support their children who are non-emancipated until they are 19 years old in Indiana. The child support is determined on the basis of:.
The court will send your spouse and you the date and time of your provisional hearing. Since your spouse and you do not have an agreement regarding property division, at the provisional hearing, the judge issues temporary orders which will be in place until the divorce is pending. Both parties can present testimony and evidence on your behalf. After 60 days of your initial filing, you can file for the motion and notice for the final hearing with the court clerk. Again, you must serve your spouse the copy of the motion just as the initial filing was served.
You will receive the details of the location, time and date of your final hearing from the court, where you must present all the details of your case. The judge may make a decision immediately or your final decree may be sent later by mail.
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