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April 24, 2019

Indiana Divorce FAQ

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Posted by: GDS Law Group, LLP

If you’re thinking about filing for divorce in Indiana or are in the process of doing so, already you likely have many questions running through your head. After all, ending your marriage can get very complicated, especially when children are involved.

To help you learn more about divorce and answer some of your inquiries, the Anderson divorce lawyers at GDS Law Group compiled this list of Indiana divorce FAQs. If you are seeking experienced legal representation with your divorce case, consult our team right away. We can inform you of your legal options and ensure your rights remain protected. To schedule a free, initial consultation, contact us today at (765) 313-7092.

FAQs Related to Divorce in Indiana

If you’re considering filing for divorce or have already begun the process, you might be asking yourself the following:

Who can file for divorce in Indiana?

To be eligible to file for divorce in Indiana, you or your spouse must be a state resident, or stationed at a military base in the state for a minimum of six months before filing. If you’d like to file for divorce in a particular Indiana county, you or your spouse must be a resident of the county or stationed at a military base within its limits for a minimum of three months.

What do I need to prove to file for divorce in Indiana?

Since Indiana is a no-fault state, you don’t have to prove that your spouse did something wrong in order to get a divorce. Indiana law states that if both parties are unable to resolve their differences, the courts can grant them a divorce.

What is the divorce filing process like in Indiana?

If you’d like to file for divorce in Indiana, an Anderson divorce lawyer will begin by helping you file a Petition for Dissolution of Marriage. This document will include information such as the date of your marriage, whether you have children, and the grounds for divorce.

It will also include details on what you hope to be awarded once the divorce is finalized. You’ll need to confirm everything listed on the Petition and swear that all the information is true.

Is it necessary to go to court for an Indiana divorce?

If you’re able to come to a mutual agreement with your spouse, you will not need to go to court for your divorce to be granted. However, if there are certain issues you can’t agree to, litigation may be necessary.

How long does it take to get a divorce in Indiana?

Per Indiana law, the court must wait at least 60 days prior to setting a final hearing or entering a divorce decree. In the event you and your spouse are unable to agree on child custody, property division, and other issues, you can expect the divorce process to take even longer.

How is marital property divided in an Indiana divorce?

Indiana is an equitable distribution state, meaning property during divorces is divided equitably but not necessarily equally. Courts have the right to deviate from splitting property in half when deemed appropriate.

Do you have to be separated in Indiana before getting divorced?

In some states, you must be separated before getting divorced. While this is not the case in Indiana, the state does require you to live separately from your spouse for at least 60 days before they grant you a divorce.

Contact GDS Law Group for Help

Most divorce cases are complex and require the guidance of an experienced divorce lawyer. If you are seeking such an attorney, reach out to GDS Law Group right away. Our legal team can guide you through the entire divorce process and ensure that you make wise decisions that benefit your future. Contact us today at (765) 313-7092 to schedule a free evaluation of your case.

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