In general, all property that either spouse acquires after marriage is marital property. Some exceptions to this general rule are inheritances left to one spouse only and gifts to one spouse.
Uncontested Divorce in Indiana
While assets that a spouse had prior to marriage are considered separate property, in many cases it can be difficult to differentiate marital and separate property because couples often commingle the two. For example, spouses may deposit money they earned after marriage into bank accounts opened prior to the marriage.
As such, the court has the discretion to divide both separate and marital assets in the manner that it deems most fair.
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Once the court has determined what is marital property and what is each spouse's separate property, it will divide the property equitably. While there is a presumption that dividing the marital property equally is equitable, equitable does not always mean equal.
Uncontested vs Contested Divorce in Indiana
A spouse may make a claim to a greater share of property, and the court will decide if an unequal division of property would be more equitable based on several factors, including:. The court may consider the tax implications for each spouse when dividing marital property.
If a couple has little or no marital property to divide, and one spouse made a substantial contribution to the other spouse's education, the court may enter a money judgment to reimburse the spouse who made the contribution. Leaving a marriage without getting enough property can make a person financially unstable for years afterward.
It is important for those going through divorce to obtain enough assets to ensure financial security, and the best way to do that is to seek the assistance of a seasoned divorce attorney. A skilled divorce attorney will help ensure that a division of property is fair.
If you are considering divorce, talk to a divorce attorney who can help protect your interests. Unlike some other states, Indiana does not have specialized family courts.
Divorce Law Frequently Asked Questions
Instead, the superior courts which are entry-level trial courts have separate divisions that are assigned to hear family law matters. Indiana also has a system of circuit courts, which are also trial courts and can hear many of the same kinds of cases as the superior courts.
Finally, all the courts are divided into judicial districts. If you file in the wrong place, your case could be tossed out and you might have to start over. There may be some variations in the process depending on the facts of your case like, whether you have children and where you live , but most divorces with agreement look something like this:.
There are very detailed instructions for how to obtain an uncontested divorce. Take your time and work carefully. Type everything on a computer or write or print neatly. If you rush through the papers and make mistakes, the judge may have questions or concerns about your paperwork and might call you to appear in court for a final hearing to address the problems. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Filing for divorce in Indiana — Divorce papers in IN
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Uncontested Divorce in Indiana. Learn about the process of uncontested divorce in Indiana.
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What Is an Uncontested Divorce in Indiana? There are four possible grounds for divorce: There has been an irretrievable breakdown of the marriage. One of the spouses was convicted of a felony after they were married. One of the spouses is impotent. There may be some variations in the process depending on the facts of your case like, whether you have children and where you live , but most divorces with agreement look something like this: The petitioner is the person who initiates the divorce. The petitioner must choose the correct forms packet divorce with agreement, with or without children to get started.
The forms must be completed and printed. Check Official Court Forms for more information on which forms to use. The petitioner takes the original set of papers and two copies to the correct courthouse for filing with the clerk of court.
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