How to Divorce in Indiana
Make sure you qualify to use the self-service packet., Download the packet and instructions., Complete your divorce forms., Print and make copies of your forms., Sign your forms., File your initial forms in your county court clerk's office., Serve...
Step-by-Step Guide
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Step 1: Make sure you qualify to use the self-service packet.
The Indiana courts provide fill-in-the-blank forms you can use to file for divorce without an attorney, even if you and your spouse do not agree on the division of debts and property.
To use these forms, you cannot have any biological or adopted minor children with your spouse., Forms, along with instructions for filling them out, can be found online.
You also can find hard copies in the clerk's office of your local courthouse., In the packet you'll find eight forms that you'll need to fill out to get a divorce.
The packet also includes a document with detailed instructions on how to fill out each form line by line.You can fill in the blanks on the form directly on your computer, or you can print up the forms and write in your information by hand.The Appearance by Unrepresented Person in Civil Case announces to the court that you want to participate in a civil suit and that you don't have an attorney.
Since you have contested issues in your case, you might want to consider hiring an attorney to represent you in court.
This is all the more important if your spouse has already hired or plans to hire an attorney.
The Verified Petition for Dissolution of Marriage asks the court to grant you a divorce.
Since you haven't agreed on your division of property, the petition asks the court to make temporary arrangements until the case is over.
The Summons notifies your spouse that you've filed for divorce and lets him know that if he wants to participate he'll have to file an appearance as well.
The Notice of Provisional Hearing notifies your spouse and any other parties of the date of your provisional hearing.
The Temporary Order outlines any temporary arrangements the judge has approved for housing or taking care of property while the case is ongoing.
The Motion for Final Hearing asks the court to set a date for a hearing to finalize the divorce and division of property.
The Notice of Final Hearing alerts your spouse and any other parties to the date of the hearing.
The Decree of Dissolution of Marriage is the court's final order ending the marriage and outlining the division of debts and property., Once you've completed all your forms, you'll need to print several copies of each one to prepare for filing.
Check your local rules to find out exactly how many copies of each document you must have.
Because court records are available to the public by law, Indiana courts provides a form printed on light green paper where you need to enter any confidential information such as Social Security or bank account numbers to protect your privacy.
This information will be filed with your case but won't be released to the public.
However, since you don't have any children, you shouldn't need a green form., As the person filing for a divorce, you need to sign each form in the blank for the "petitioner."
Some forms will be filed later, and others you'll need to present to the judge during your hearing.
For now, you need to file your appearance, verified petition, summons, and notice of provisional hearing.
The clerk will charge you a filing fee ranging from $132 to $152.
The fee varies from county to county.If you can't afford the fees, fill out the form for a fee waiver and file it with the clerk as well.
Once you've paid, the clerk will give you a case number and process your forms by stamping them with the filing date., You must send your spouse, or his attorney if he has one, a copy of the file-stamped appearance, petition, summons, and request for provisional hearing.
The easiest way to do this is to send him copies using certified mail.
You can also complete service by hiring someone from a private process serving company or by contacting the Sheriff's office.
Different counties have different preferred methods of service, so ask the clerk what would be the best way for you to do this., Since you requested a provisional hearing, the court will mail you and your spouse a notice with the date and time when your hearing is scheduled., Since you and your spouse haven't come to an agreement on the division of your property, the provisional hearing allows the judge to issue temporary orders that will be in place until the divorce is finalized.
Both you and your spouse will attend the hearing and may present evidence and testimony on your behalf.
When you go to the hearing, bring along your original and copies of the temporary order you filled out as part of the packet., Once 60 days have elapsed following your initial filing, go back to the clerk's office and file your motion for final hearing and your notice of final hearing.
The clerk will file-stamp your documents., As with your initial filing, you must serve your spouse a copy of your motion.
You should serve the motion the same way you served the initial filing, whether you used a process server or certified mail., Once your final hearing is put on the court's docket, the court will mail both you and your spouse a notice of the date, time, and location of your final hearing., Take all of your documents and any evidence you want to present as well as your decree of dissolution.
Arrive early and dress in clean, conservative attire.
Turn off your cell phone or other electronic devices and treat all court staff politely and with respect.
As the petitioner, you will get to speak first.
Answer any questions the judge asks you, but don't interrupt her or talk over her.
Keep your statements brief and try to stick to the facts.
Address the judge rather than speaking to your spouse.
After you speak, your spouse will have an opportunity to present his side of the issue.
Don't interrupt him, talk over him, or attempt to argue with him.
If he mentions anything that the judge wants you to clarify, she will ask you to do so. , Sometimes the judge will make her decision on the spot, but you may have to wait for your final decree to come in the mail.
The judge may simply sign the decree you drafted and brought with you, but she also may decide to write her own. -
Step 2: Download the packet and instructions.
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Step 3: Complete your divorce forms.
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Step 4: Print and make copies of your forms.
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Step 5: Sign your forms.
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Step 6: File your initial forms in your county court clerk's office.
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Step 7: Serve your spouse.
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Step 8: Receive notice of your provisional hearing.
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Step 9: Attend your provisional hearing.
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Step 10: File your final forms.
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Step 11: Serve your spouse.
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Step 12: Receive notice of your final hearing.
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Step 13: Attend your final hearing.
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Step 14: Receive your final decree.
Detailed Guide
The Indiana courts provide fill-in-the-blank forms you can use to file for divorce without an attorney, even if you and your spouse do not agree on the division of debts and property.
To use these forms, you cannot have any biological or adopted minor children with your spouse., Forms, along with instructions for filling them out, can be found online.
You also can find hard copies in the clerk's office of your local courthouse., In the packet you'll find eight forms that you'll need to fill out to get a divorce.
The packet also includes a document with detailed instructions on how to fill out each form line by line.You can fill in the blanks on the form directly on your computer, or you can print up the forms and write in your information by hand.The Appearance by Unrepresented Person in Civil Case announces to the court that you want to participate in a civil suit and that you don't have an attorney.
Since you have contested issues in your case, you might want to consider hiring an attorney to represent you in court.
This is all the more important if your spouse has already hired or plans to hire an attorney.
The Verified Petition for Dissolution of Marriage asks the court to grant you a divorce.
Since you haven't agreed on your division of property, the petition asks the court to make temporary arrangements until the case is over.
The Summons notifies your spouse that you've filed for divorce and lets him know that if he wants to participate he'll have to file an appearance as well.
The Notice of Provisional Hearing notifies your spouse and any other parties of the date of your provisional hearing.
The Temporary Order outlines any temporary arrangements the judge has approved for housing or taking care of property while the case is ongoing.
The Motion for Final Hearing asks the court to set a date for a hearing to finalize the divorce and division of property.
The Notice of Final Hearing alerts your spouse and any other parties to the date of the hearing.
The Decree of Dissolution of Marriage is the court's final order ending the marriage and outlining the division of debts and property., Once you've completed all your forms, you'll need to print several copies of each one to prepare for filing.
Check your local rules to find out exactly how many copies of each document you must have.
Because court records are available to the public by law, Indiana courts provides a form printed on light green paper where you need to enter any confidential information such as Social Security or bank account numbers to protect your privacy.
This information will be filed with your case but won't be released to the public.
However, since you don't have any children, you shouldn't need a green form., As the person filing for a divorce, you need to sign each form in the blank for the "petitioner."
Some forms will be filed later, and others you'll need to present to the judge during your hearing.
For now, you need to file your appearance, verified petition, summons, and notice of provisional hearing.
The clerk will charge you a filing fee ranging from $132 to $152.
The fee varies from county to county.If you can't afford the fees, fill out the form for a fee waiver and file it with the clerk as well.
Once you've paid, the clerk will give you a case number and process your forms by stamping them with the filing date., You must send your spouse, or his attorney if he has one, a copy of the file-stamped appearance, petition, summons, and request for provisional hearing.
The easiest way to do this is to send him copies using certified mail.
You can also complete service by hiring someone from a private process serving company or by contacting the Sheriff's office.
Different counties have different preferred methods of service, so ask the clerk what would be the best way for you to do this., Since you requested a provisional hearing, the court will mail you and your spouse a notice with the date and time when your hearing is scheduled., Since you and your spouse haven't come to an agreement on the division of your property, the provisional hearing allows the judge to issue temporary orders that will be in place until the divorce is finalized.
Both you and your spouse will attend the hearing and may present evidence and testimony on your behalf.
When you go to the hearing, bring along your original and copies of the temporary order you filled out as part of the packet., Once 60 days have elapsed following your initial filing, go back to the clerk's office and file your motion for final hearing and your notice of final hearing.
The clerk will file-stamp your documents., As with your initial filing, you must serve your spouse a copy of your motion.
You should serve the motion the same way you served the initial filing, whether you used a process server or certified mail., Once your final hearing is put on the court's docket, the court will mail both you and your spouse a notice of the date, time, and location of your final hearing., Take all of your documents and any evidence you want to present as well as your decree of dissolution.
Arrive early and dress in clean, conservative attire.
Turn off your cell phone or other electronic devices and treat all court staff politely and with respect.
As the petitioner, you will get to speak first.
Answer any questions the judge asks you, but don't interrupt her or talk over her.
Keep your statements brief and try to stick to the facts.
Address the judge rather than speaking to your spouse.
After you speak, your spouse will have an opportunity to present his side of the issue.
Don't interrupt him, talk over him, or attempt to argue with him.
If he mentions anything that the judge wants you to clarify, she will ask you to do so. , Sometimes the judge will make her decision on the spot, but you may have to wait for your final decree to come in the mail.
The judge may simply sign the decree you drafted and brought with you, but she also may decide to write her own.
About the Author
Michael Wright
Committed to making pet care accessible and understandable for everyone.
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