May, 2019

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Posted by: | Posted on: May 9, 2019

Indiana no-fault divorce

Why do people divorce? The reasons may be completely different. But in most cases, divorce is caused by misunderstanding in marriage. Disagreement and rejection of the needs of the spouse lead to the fact that people are ready to abandon their previous life completely. There is nothing wrong here, many people start everything from a clean slate after a marriage dissolution and achieve success in it. Nevertheless, the ability to hear and understand the needs of a spouse greatly affects the process of marriage termination

Fault and No-fault Divorces in Indiana

In Indiana, there are two options for divorce: fault and no-fault. Fault marriage termination means that one of the spouses has committed unlawful actions that resulted in the intention to dissolve the marriage. No-fault divorce means that none of the spouses is to blame for the fact that the marriage is destroyed. For a no-fault dissolution, there is only one legal reason – the “irretrievable breakdown of the marriage.” Fault causes are as follows: felony conviction, impotence, or insanity. If the plaintiff filed a petition with the court for a fault divorce, then he or she must provide evidence to the judge of the fault of his or her partner, with a no-fault divorce, this is not required. Another essential feature of a no-fault termination is that if one of the spouses wants to get a divorce, the other cannot prevent it.

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Residency Requirements for No-fault Divorce in Indiana

In Indiana, the living conditions regarding filing for divorce are the same for all cases. Any spouse must reside in Indiana for at least six months prior to filing a lawsuit with a court, as well as to live for at least three months in the county where the case will be considered. Any military who is a resident of another state but has served in Indiana for at least six months is entitled to apply for a divorce in Indiana. Also, spouses do not have to live separately. If a couple is experiencing particular difficulties associated with housing, they can still live under the same roof, but without cohabitation. Spouses must live separately if the court has begun to try a divorce case. Go here to know more

Contested vs. Uncontested divorce in Indiana

A no-fault divorce does not require proof of the guilt of the spouse, but on a par with this divorce does not mean an uncontested dissolution. Spouses may not blame each other for breaking the marriage; nevertheless, they may have disputes regarding essential aspects of their dissolution that only a judge can resolve. A no-fault breakup covers only grounds for marriage termination; the spouses can still dispute the division of common property, child custody, or alimony in the courtroom. But it is worth noting that the “irretrievable breakdown of the marriage” is the most common reason for an uncontested divorce in Indiana. That is why a no-fault dissolution is often confused with an uncontested divorce, but again, it should be emphasized that they are not the same.

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Filling for No-fault Divorce in Indiana

A divorce begins with the filing of documents with the court. First of all, the petitioner must complete the “Petition for Dissolution of Marriage,” this form can be obtained from the office of the court clerk or download online, it is available for free on the Internet. In this form, it will be needed to specify the reasons for which the claimant wants to get a divorce, for no-fault termination, this is an “irretrievable breakdown.” Also, for a divorce, “Summons” and “Financial Declaration” forms are needed. Depending on the county, the court may require additional papers. The plaintiff must make copies of all the documents that he or she is going to sue.

After the clerk accepts divorce documents from the plaintiff, copies must be given to the defendant; this is also called “serving the spouse.” Based on these documents, the defendant must file a response or counterclaim. It’s allowed to serve a spouse in 3 ways permitted by Indiana law: certified mail, private process server, or sheriff’s service.

After the respondent submits an answer to the court, the 60-day waiting period will begin before the judge takes up the case. This period may be more extended, depending on the schedule of the court. If the spouses want an uncontested divorce is a great time to work on the settlement agreement and find a compromise.

Once the waiting period is over, the spouses must appear at the first hearing, scheduled by the court. In case of an uncontested dissolution, the judge may grant the divorce immediately based on a settlement agreement. But if the divorce is contested, the judge will make a final decision only after all disputed issues will be analyzed and resolved.

A no-fault divorce suggests that the spouses do not blame each other for the breakdown of their relationship. They are ready to accept the end of their marriage and move on. Nevertheless, a no-fault dissolution does not always mean that the process will be uncontested, although this is a quite common scenario. But still, there are cases when spouses file for a no-fault divorce, and at the same time solve some of their issues in the courtroom. It is not difficult to file for a no-fault marriage termination, it can even be done without a lawyer, but if the divorce is contested, an attorney is needed to protect the interests of his/her client during the court hearings.