An Indiana divorce, or dissolution of marriage, can be filed in either spouse to end the marital relationship. Upon completion of an Indiana divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Indiana divorce without the expense of an attorney.
Types of Divorce in Indiana
Uncontested Divorce in Indiana
To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for:
1. Spousal support (i.e. alimony);
2. Disposition of any property owned by either or both of the parties; and
3. Custody and support of the children of the parties.
In an action for dissolution of marriage:
1. The terms of the agreement, if approved by the court, shall be incorporated and merged into the decree and the parties shall be ordered to perform the terms; or
2. The court may make provisions for:
a. Disposition of property;
b. Child support;
c. Spousal support; and
The disposition of property settled by an agreement described in subsection above and incorporated and merged into the decree is not subject to subsequent modification by the court, except as the agreement prescribes or the parties subsequently consent.
The court may enter a summary disposition order for uncontested divorce in Indiana when both spouses file signed verified pleadings with the court containing:
- A written waiver of a final hearing in the matter of:
a. Uncontested issues specified in the waiver; or
b. Contested issues specified in the waiver upon which the parties have reached an agreement;
- A written agreement pertaining to contested issues settled by the parties; and
- A statement:
a. Specifying contested issues remaining between the parties; and
b. Requesting the court to order a final hearing as to contested issues.
Alternatives to Divorce in Indiana
A legal separation is when the parties live separately but remain legally married to one another. A legal separation may be granted if one of the spouses was a resident of the state for six months and the county for three months immediately prior to filing for legal separation. A legal separation may be granted on the grounds that it is currently intolerable for the spouses to live together, but that the marriage should be maintained.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment has the burden of proving to the court that one of the conditions of nullity has been met in order to have the annulment approved. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion.