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For some people in Fort Wayne, getting divorced is the best thing that could happen to them given their circumstances. In fact, some individuals are ready to start dating again as soon as they can, even while their divorce is still pending; but is that a good idea?

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The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:. Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

Unfortunately, how much a divorce costs is based on too many variables to provide an estimate of anticipated costs.

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The costs depend on the actions of the parties, their needs and wants, and how they choose to seek those goals. You are the best person to evaluate your ability to afford the process, and this analysis should be done on a continuing basis. By its very nature, your dissolution involves the most important things in your life. It is imperative that you have someone who understands the legal process and can represent your interests vigorously in order to protect your wellbeing.

Yes, the grounds for which are the conviction of either party of a felony, impotence, or incurable insanity for a period of at least two years. However, Indiana is a no-fault state, meaning the court will also grant the parties a divorce on the grounds that there has been an irretrievable breakdown of the marriage, i. From a legal standpoint, there are no implications for who files for divorce first in Indiana.

However, there are advantages and disadvantages to submitting a divorce petition first. While it can provide the filing party with the upper hand to properly prepare legal representation and documentation, being the individual who sets forth the dissolution of the marriage must often list their desired demands first within the petition and be confident in their decision that divorce is the right option for their marriage. In Indiana, property will typically be divided in half.

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However, there are instances where the court will give one spouse more property than the other. This can be contingent on a of factors including: spousal contribution to the marriage, child custody, earnings and earning ability of the parties, how martial property was acquired inheritance, pre-marriage acquisitionand conduct of the parties in relation to property how well did each spouse take care of property. The court will make an award of maintenance from one spouse to the other in three circumstances.

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The first is if the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of that spouse to support himself or herself is materially affected. Finally, if a spouse has had an interruption in their education, training, or employment as a result of homemaking or child care responsibilities, the court may find that rehabilitative maintenance for that spouse is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three years from the date of the final decree.

A woman who desires the restoration of her maiden or married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought.

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

The court shall grant the name change upon entering the decree of dissolution. An annulment may be granted upon a showing by a party of one of the following grounds: one spouse is under age or was mentally incompetent to consent; the marriage was obtained by fraud; one spouse is of unsound mind; or one spouse was married in another state with the intent to evade the marriage laws of Indiana. At the time of filing a petition for dissolution, at least one party must have been a resident of Indiana or stationed at a U.

After expiration of the waiting period, the parties may proceed to a final hearing to resolve their dissolution. You do not necessarily have to go to court. If you cannot resolve all of the issues in this way, you can usually settle most of them. The remaining issues would then be litigated in court. If you cannot find your spouse and you have made reasonable efforts to do so, you can ask the court to notify your spouse of the divorce by putting a notice in the local newspaper.

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After this is done, you can finalize the divorce even if there is no proof that your spouse saw the notice. A person may not remarry until a Decree of Divorce is issued.

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When and if you start dating is a personal decision, but consideration should be made to the best interests of your children. You can get a divorce even if your spouse does not want it. Once the court issues a Decree of Divorce, you are considered divorced. You are not required to remain in the state while your dissolution is pending. If you have children in the state, you may be prevented from relocating during the pendency of your dissolution. If you do move, you will still be expected to return to Indiana to attend any mandatory hearings in court.

If you are on active duty and are unable to return to Indiana for your court appearances, the Servicemembers Civil Relief Act allows you to ask the court to delay proceedings while you are unavailable due to military service.

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This depends on the issues relevant to each individual case, but your initial pleadings will generally include a Petition for Dissolution and Summons, to be followed by a Financial Declaration and Support Obligation Worksheet if you have children. In order to protect your interests, you should consult an attorney to assist in the preparation of these and any other necessary forms.

A divorce complaint or Petition for Dissolution is filed in the county of your residence for at least three months in the state in which you have lived for at least six months.

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You spouse may be served by certified or registered mail, personal service by the sheriff, or private service. Once your petition is filed, you must wait for the expiration of the mandatory waiting period before your divorce may be granted.

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If the parties do not come to an agreement on all issues relevant to their divorce, the court will set the remaining matters for a final hearing, or trial. Should your case proceed to a final hearing, your presence there would be mandatory. The court would then hear evidence on those issues from both parties, issue a ruling on the issues, and grant the couple a divorce.

The outcome of each dissolution case is dependent on the many factors and issues involved in each individual case.

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An attorney familiar with family law and skilled in domestic litigation should analyze each case and the strategy that should be employed to meet your desired goals on a case-by-case basis. Our website uses "cookies" small text files stored by your web browser to track visits and may use this information to retarget and remarket visitors with advertisements across the Internet.

By visiting this website, you acknowledge there is no legal advice being provided and no attorney-client relationship is formed.

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The choice of a lawyer is an important decision and should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Office in Ridgeland, MS. Phone and Virtual Consultations Available! Schedule Yours Today. Client Client. What are the laws for divorce in Indiana? The dissolution of marriage grounds are as follows: Irretrievable breakdown of the marriage. Fault: The felony conviction of either of the parties; Impotence; or Incurable insanity for a period of at least two years. How long does it take to get a divorce in Indiana? How much does it cost to get a divorce in Indiana?

Do I really need to hire an attorney? Does Indiana grant divorces based on marital fault? Does it matter who files for divorce first in Indiana? How is property divided in a divorce in Indiana?

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Can I get maintenance or will I have to provide maintenance to my spouse in a divorce in Indiana? Can I change my name at the time of divorce in Indiana? Can I get an annulment in Indiana? When can I file for divorce in Indiana? When is my case going to be over? Do I have to go to court for a divorce in Indiana? If attempts to serve my spouse do not work, what is my next step? At what point during the process can a spouse remarry or start dating in Indiana? What if my spouse does not want the divorce? Do the other issues — child support, child custody, alimony, and property — have to be decided before finalizing a divorce in Indiana?

What are the laws for divorce in indiana?

Yes, these issues will all be resolved as part of the final Decree of Dissolution. After I file for divorce, do I have to continue to live in Indiana? What if I am in the military and out of the state of Indiana? What forms do I need to file for a divorce in Indiana?

How and where is a divorce complaint filed in Indiana? How do I serve the divorce complaint on my spouse? How is a divorce in Indiana granted? Will I have to go to court?

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What typically happens if I go to an Indiana court to obtain my divorce myself? Can a couple become legally married by living together as man and wife under Indiana law common law marriage?

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

There is no common law marriage in Indiana. Albany: Great Oaks Blvd. Main St. Capitol Blvd. Fifth St. Ohio St. Kilbourn Ave. Scottsdale Rd. Yale Ave. View a full listing of offices nationwide.