Divorce can be a traumatic experience for all involved.
The legal term for divorce is Dissolution of Marriage. Depending on a client’s situation, the path to a successful divorce can be long and winding. But Indiana law lays out some basic requirements.
Indiana is a no-fault state. That means either party to the marriage can file for a divorce for virtually any reason–this is typically called an “irretrievable breakdown in the marriage.” By law, certain things must be included in a Verified Petition for a Dissolution for Marriage. But before a Petition is filed, one of the parties must have resided in Indiana for at least the six months before the Petition is filed and been a resident of the county where the Petition is filed for at least the three months before the Petition is filed.
The person who files the Petition is also required to serve the other party. Divorce is a civil law suit. That means the party who files the Petition (lawyers call it “initiating the action”) must provide a copy of the Petition, along with a summons, to the other party. A summons often provides the date of the first court hearing.
Indiana law requires at least 60 days go by before the divorce is finalized once the Petition has been filed. Often, especially in contentious divorces that include division of valuable property or custody and child support fights, the divorce process lasts much longer than the 60 days.
In particularly difficult situations, either party can ask the court for a protective order. Your lawyer can help you decide if this is necessary.
The court can also make several rulings while the divorce process is in progress. These include temporary spousal maintenance and temporary child custody and child support.
Need a divorce lawyer?
Divorce can be an extremely emotional, complicated, and difficult experience. Having an experienced divorce lawyer can help guide you through the process and ensure that your rights are protected. With almost 40 years of experience, attorney Randall Parr has handled divorces in Indianapolis and the surrounding areas and can help you to make sense of your situation to you and represent and protect your interests.
*See complete Indiana Code for full description of all statutes. This is a partial listing only.