Indiana Divorce Papers Without Agreement: What You Need to Know
Getting a divorce is rarely an easy process, and if you and your spouse are unable to come to an agreement on important issues such as property division, child custody, and support, it can be even more complicated. In the state of Indiana, couples who cannot come to an agreement on these issues will need to file for divorce without an agreement, also known as a contested divorce. Here`s what you need to know about filing for divorce in Indiana without an agreement.
Grounds for Divorce in Indiana
Before you can file for divorce in Indiana, you will need to meet certain requirements. First, either you or your spouse must have been a resident of Indiana for at least six months prior to filing for divorce. Additionally, you will need to have a valid reason, or “grounds,” for seeking a divorce. In Indiana, there are two types of grounds for divorce: “fault” and “no-fault.” The most common no-fault ground for divorce is irretrievable breakdown of the marriage, which means that the marriage is irretrievably broken and there is no reasonable chance of reconciliation.
Filing for Divorce in Indiana
To file for divorce in Indiana, you will need to complete and file a petition for dissolution of marriage. If you and your spouse cannot agree on important issues such as property division, child custody, and support, you will also need to file a motion for temporary orders so that the court can address these issues while the divorce is pending. Once the petition and motion have been filed, your spouse will be served with the documents, and he or she will have a certain amount of time to respond.
The Discovery Process
During the discovery process, both you and your spouse will need to exchange information about your finances, assets, and debts. This information will be used to help the court make a fair and equitable decision about property division and support. If you and your spouse are unable to come to an agreement on these issues, the court will make these decisions on your behalf.
Mediation and Settlement
In some cases, the court may order mediation to help you and your spouse come to an agreement on important issues. Mediation is a process in which a neutral third party helps you and your spouse negotiate a settlement. If you are able to come to an agreement through mediation, you will avoid the need for a trial.
Going to Trial
If you and your spouse are unable to reach an agreement on important issues, you may need to go to trial. During the trial, both you and your spouse will present evidence and testimony to support your arguments. The judge will then make a decision on these issues based on the evidence presented.
Conclusion
Getting a divorce without an agreement can be a complicated and emotional process. However, with the help of an experienced family law attorney, you can navigate the process and ensure that your rights and interests are protected. If you are considering filing for divorce in Indiana without an agreement, it`s important to speak with an attorney who can guide you through the process and help you make informed decisions about your future.
