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Divorce can often be an emotionally and mentally difficult time for both spouses and the actual legal procedure may feel to be just as difficult and tense, but it does not have to be. If you have an uncontested divorce in Indiana and you understand what to expect, the divorce procedure can be easy, relatively quick and easy on your wallet. This blog post will guide you through the process According to USA Today, the average cost of litigated divorce in Indiana is $11,400 if no kids are included and $17,700 if small kids are involved. Whereas, an uncontested divorce typically costs a fraction of those amounts.
What exactly are the terms of the divorce that must be agreed upon by both spouses?
For an uncontested divorce in Indiana, both spouses have to agree on all the issues of the divorce, including the division of assets, division of financial obligations, child custody, visitation, child support, and spousal support. If both spouses can agree on all such applicable issues, without court intervention, then the divorce can be finalized without a trial. If an agreement can’t be made, the divorce will be a contested case and a trial in front of the judge must occur to complete the divorce.
There are numerous advantages to getting an uncontested divorce in Indiana. Maybe the greatest advantages are that it can be much faster and more economical than going through litigated divorce. An uncontested divorce can usually be settled within 60 days, if minor children were born from the marriage, and in as little as ten days if the spouses don’t have minor children together. On the other hand, a contested divorce can take as little as 6 months to many years to complete.
Another advantage to an uncontested divorce is that it permits you and your partner to keep control over the result of the divorce. In litigated divorce, the judge chooses how to divide property, spousal support and custody, property and support, and his/her choice may not be what either party desired. In an uncontested divorce, you and your partner are able to come to an arrangement on these issues yourselves, so you can be sure that the outcome will be fair to both of you.
Process of an Uncontested Divorce in Indiana.
The initial step in getting an uncontested divorce in Indiana is to make sure that you fulfill the residency requirements. To file for divorce in Indiana, at least one partner must have lived in the state for a minimum of 6 months prior to filing.
You’ll have to gather all the necessary paperwork as soon as you have actually figured out that you satisfy the residency requirements. This includes a Petition for Divorce and a Last Decree of Divorce. The Petition for Divorce is the file that starts the divorce process and should be filed with the court. It includes details such as the grounds for divorce, child custody plans, and assets allocation. The Last Decree of Divorce is the file that formally ends the marital relationship and must be signed by the judge.
You have numerous alternatives when it concerns managing the divorce process. You might employ a lawyer to take care of your uncontested divorce. This choice includes the added expense of attorney’s fees. You can handle it totally on your own. You are still required to file all the necessary documentation and all your divorce papers must be correctly filled out, otherwise, the judge will not grant your divorce. A third choice is utilizing an Indiana online divorce service. This choice allows you to handle your divorce without having to hire a lawyer, while making certain you have the right divorce papers for your scenario and they are appropriately prepared for the judge’s approval.
After you’ve gathered all the essential documents, you’ll need to submit it with the district clerk in your county. You can do this electronically, by mail or personally. You will also need to pay the county’s filing cost, which generally costs approximately $130-$176. Once the documents has actually been filed, you need to either have your spouse served with the Petition for Divorce or your spouse can sign a Waiver of Service. If your spouse will not sign a waiver of service, then when your spouse is officially served with the divorce documents, she or he will have thirty days to file an answer. You can move for a default judgment if they do not respond within that time frame.
You can move forward with an uncontested divorce if you and your spouse reach an arrangement on all the key concerns. You will be required to prepare a Martial Settlement Agreement and an Agreed Final Decree of Divorce that includes the Marital Settlement Agreement, which describes the agreed terms of the divorce, including division of assets, child custody and support, visitation, and alimony (if suitable). There are additional papers that must also be prepared and submitted in your divorce case depending upon whether or notchildren are included. If you wish to manage your uncontested divorce yourself to conserve money on lawyer charges, then utilizing a quality online divorce service will ensure you have all the required divorce documents and they are completed appropriately. As Soon As the Marital Settlement Agreement and Agreed Final Decree of Divorce is signed by both parties, you are ready to begin the final step of settling your divorce.
Before any divorce can be finalized, there is a legally mandated waiting period of sixty days prior to the Judge being able to sign the final agreed divorce decree.
As soon as the applicable waiting period has passed, you will need to appear in court for a quick hearing, called a “prove-up.” It’s referred to as a “prove-up” hearing due to the fact that this is where you show up your divorce showing that you satisfy the minimum requirements to get a divorce in Indiana which all problems have been solved. Normally, only the filing spouse needs to appear in court for the prove-up hearing. You will need to bring all your divorce documents, including your Marital Settlement Agreement and the Final Decree of Divorce, which the judge will sign, making your divorce official.
Getting an uncontested divorce in Indiana is a relatively simple and simple procedure. Therefore, if you and your partner are able to reach an arrangement on all key problems, you will save yourself a lot of stress, cash and time.