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Q. How do I initiate a divorce in Indiana?
Line Street, Geneva, Indiana. The telephone number is or They can provide the Indiana Code and the Indiana Rules of Court, which will give you information on court procedure and legal requirements.
This is the Website for the Indiana Supreme Court and as you explore the site, you will find a wealth of research materials and forms. Some available forms include forms for divorce, child support, name change, and protective orders. Their telephone number is Please call for a referral; no walk-in appointments are accepted. Then, if you need an attorney, you will be referred to one that practices in that area of law. Not sure if you need to hire an attorney? Then take advantage of Legal Line.
You can speak directly with an attorney for free every Tuesday evening from PM to PM just by calling Harrison St. Their office number is or toll free at 1- Not all people who qualify for VLP assistance are referred to an attorney for direct representation. Some people may be placed in one of our other programs. Other cases may not be able to be placed because we simply cannot find an attorney to help or because there is nothing an attorney can do to help fix the problem.
Their telephone number is or Their fax number is For services outside these counties, you may contact another Indiana Legal Services office. Calhoun St. Additionally, you sign it under penalties of perjury. When initiating a divorce, a filing fee must be paid to the clerk's office.
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Once you have filed your paperwork your divorce cannot be finalized for at least 60 days. Some people call this the cooling off period others call it the provisional period because you have to wait. After sixty days if you and your soon-to-be-ex have reached an agreement of how to divide everything you can submit those papers to the Judge, or if you need to you can request to go before the Judge for the Judge to decide what you both will receive from the divorce.
If you and your spouse have children that were born or adopted during the marriage, then most counties in Indiana require you both will need to attend a class regarding children and divorce.
The requirement to attend this type of class comes from each county court's local rules. Once you have completed the class the Visiting Nurses Service will forward your compliance with the Court. You and your spouse do not need to attend the class together. During the sixty day window either of you can request to go before the Judge to put rules in place until you do reach an agreement or have a final hearing before the Judge.
Divorce Law Frequently Asked Questions
Additionally, if the two of you can reach an agreement, you can write that up and ask the Judge to sign off on it so that there is a Court Order in place during you waiting period. Also during the sixty day window, and beyond, the parties often will attempt to negotiate settlement. In general, you and your soon-to-be ex-spouse can talk to each other and workout how you want to divide property, child custody, support and visitation.
If the two of you do reach an agreement you will want to get the details to your lawyer right away. Additionally, if you reach an agreement you probably will not have to go before the Judge at a Final Hearing. Each court has its own "local rules". Mediation is an a way of resolving disputes between parties. Typically, the mediator, works to assist the parties to negotiate a settlement.
The mediator will point out your strengths to the other side and he or she will help you see any weaknesses in your settlement position as well. The idea is that by the mediator pointing out both sides good and bad points the parties will reach an agreement.
Whether or not you and your soon-to-be ex-spouse have reached an agreement on your own or through the use of a mediator, Congratulations. You have an agreement. Now either of you or your attorneys need to write up the settlement in the correct form for the court. Now if you cannot reach an agreement, keep reading. The only reason you would have a final hearing is if there are issues which you and your spouse are unable to reach agreement upon.
In this case, you basically ask the Judge to determine how to resolve these issues. The risk you take by going before the Judge at the Final Hearing is that neither you nor your spouse know what the Judge will do.
Filing a Divorce on Your Own
If you can reach a Settlement Agreement before this stage you can reduce the risk and control what will occur once your divorce is final. You are divorced once the Court has issued a Final Order and Decree. Typically, whether you reached a Settlement Agreement or the Judge decided how to divide the marital property, once the property division is final it cannot be re-litigated.
Issues which can be readdressed are child custody, and child visitation. Generally, to readdress these issues you must show the Court that there has been a significant change in circumstances AND that making a change would be in the child's best interest. If you have questions regarding the process of a divorce in Indiana, contact JR Emerson. JR would be happy to schedule to talk with you. For many parents, child custody and parenting time problems create a great amount of unease. Basically in Indiana courts will resolve any dispute about child custody and parenting time according to the best interests of the children involved.
Child support comes with rights and responsibilities. Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines. Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.
Give me a call. We will sit down, go over your options and work to find a way to move forward.
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