How to File for Divorce in Indiana
- Pick up divorce paperwork from an Fort Wayne courthouse or download Indiana divorce forms online.
- Complete the Petition for Dissolution of Marriage and other required forms.
- Make copies of your divorce papers.
- File your forms with the court and pay the filing fee.
Where do I go to file for divorce in Fort Wayne Indiana?
Allen County, IN Divorce Court Information
Court Name: | Allen County Trial Court |
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Circuit Court Location: | 715 S Calhoun, Fort Wayne, Indiana 46802 |
Court Phone: | 260-449-7245 |
Court Fax: | 260-449-7929 |
Court Hours: | 8a.m.-4:30p.m. |
Where do you go to file for divorce in Indiana?
Divorce filing requirements
A Petition for Dissolution of Marriage must be typewritten on 8.5-by-11-inch white paper. An original and one copy are required to be filed in the Clerk’s Office in room W122 in the City-County Building. The original petition must be verified.
Can I file my own divorce in Indiana?
It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts. However, there is no requirement that you have an attorney to file a divorce, and if you cannot get an attorney, you can file the divorce on your own.
What is the fastest way to get a divorce in Indiana?
An uncontested divorce can be pretty quick if you meet Indiana’s residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.
What is the filing fee for divorce in Indiana?
FILING FEES & COST INFORMATION
CASE DESCRIPTION | FILING FEES |
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Civil Tort | $157.00 |
Divorce with Children | $177.00 |
Divorce without Children | $177.00 |
Estate – Supervised or Unsupervised Administration | $177.00 |
How much does it cost to file for a divorce in Indiana?
Divorce Filing Fees in Indiana
As of 2021, the filing fee for a civil case (such as divorce) is $157. Your cost might be different if you pay to have the divorce papers served on your spouse or if the clerk of the court assesses other fees.
How do I start the divorce process?
STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.
How long do you have to be separated before divorce in Indiana?
60 days
Indiana divorce law requires a separation period of 60 days before a divorce can be finalized. The couple does not need to be separated prior to filing for divorce, but the court does require this waiting period before the divorce can be finalized.
Can divorce be filed online?
If your divorce is uncontested, filing online may be the way to go. Getting divorced online is a common way for couples to end their marriage. Many companies provide divorce forms online. These websites prepare forms for you based on the information you provide.
Can you get divorced for free?
With your court fees covered, DIY is the only method of obtaining a free divorce, but it’s only viable if you and your spouse agree to the divorce and why you’re getting one.
Do I have to go to court for uncontested divorce?
Unlike a contested divorce, there is no formal trial during an uncontested divorce, only the plaintiff appears in court. A settlement agreement is then drafted, entered into by both parties, and made an order of the court.
What is a wife entitled to in a divorce in Indiana?
Generally, the Court will divide the property and debts of the marriage on a 50-50% basis. The Court can give more than 50% to one spouse if the Court has good reason to do this.
Is counseling required before divorce in Indiana?
No mandatory counseling exists in Indiana. 3. Sixty Day Waiting Period: Once a dissolution petition is filed, you must wait sixty (60) days before the divorce can be finalized. This is a “cooling off” period required by state statute and cannot be waived.
How long after divorce can you remarry in Indiana?
This means a subsequent marriage during that 90-day period is void in all states.
Divorce on the Grounds of Adultery.
State | Post-Divorce Remarriage Waiting Period |
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Illinois | None |
Indiana | None |
Iowa | None |
Kansas | 30 days unless waived in Decree |
How long does a uncontested divorce take?
How does an uncontested divorce work? Under the no-fault divorce, there is no longer an option to contest a divorce. Uncontested divorces can be processed by courts on paper and there’s no requirement for either party to make an appearance in court. This process takes a minimum of six six months to complete.
How much is a divorce if both parties agree?
If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.
How much does a simple divorce cost near Indiana?
Divorce Filing Fees and Typical Attorney Fees by State
State | Average Filing Fees | Other Divorce Costs and Attorney Fees |
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Indiana | $157 | Average fees: $9,000 |
Iowa | $185 | Average fees: $9,000+ |
Kansas | $400 | Average fees: $8,000+ |
Kentucky | $148 (without an attorney), $153 (with an attorney) | Average fees: $8,000+ |
Can you get a divorce without the other person signing in Indiana?
Yes. If you cannot find your spouse and you have made reasonable efforts to find your spouse, you can ask the court to notify your spouse of the divorce by putting a notice in the newspaper. After this is done, you can finalize the divorce (even if there is no proof that your spouse saw the notice).
What to do before telling spouse you want a divorce?
Top 10 Things to Do Before You File For a Divorce
- Never Threaten to Divorce Until You Are Ready To File.
- Organize Your Documents.
- Focus on Your Children.
- Make Sure You Have Three Months of Financial Resources.
- Obtain the Best Legal Advice You Can Get.
- Make Sure You Have Available Credit.
How do I ask for divorce peacefully?
There’s no single “right” answer when asking for a divorce, but with preparation, you can make a tough conversation go a little more smoothly:
- Prepare Yourself.
- Choose A Suitable Place and Time.
- Keep Your Cool for Your Kids.
- Be Gentle, But Firm.
- Listen to Their Perspective.
- Be Understanding and Empathetic.