As a non-responsibility, this section is not designed as legal advice. It is only used for informational purposes. In addition, there are many more topics covered by divorce laws in Indiana than is presented in this article. This article is not intended to cover all the topics contained in Indiana`s divorce laws, which would likely take thousands of pages. I have written more detailed articles on some of these sub-themes, and I will link to these articles if you would like to learn more about a particular topic. But this article aims to give a more general overview to give you a fundamental understanding of how things work. To obtain the court order on custody of the children, a parent must prove that he or she would have custody in the best interests of the child. The court may grant joint or sole custody, and its determination is based on the best interests of the child and the following factors: (1) the age and sex of the child; (2) the preference for the child; (3) the wishes of parents; (4) the child`s adjustment to his or her home, school and community; (5) the mental and physical health of all involved; and (6) the child`s relationship with his or her parents, brothers and other important family members. If the parties are able to agree on all divorce issues, including the division of property and custody rules for minor children, they can sign a settlement agreement and submit them to court instead of letting a judge decide the issues at a final hearing (trial). As a general rule, the parties will also sign a waiver of the final hearing, so the Court of Justice indicates that the parties have resolved all issues and are renouncing their right to be heard. The spouse who files the deposit serves the divorce papers of the receiving spouse. This means copies of divorce documents filed with the administrator`s office.
Indiana law allows certified mail service, a private process server or the sheriff`s department. Personalized service is the preferred method of service that requires papers to be delivered in person. Most people set up a professional process. After the documents are delivered, the process server issues an affidavit indicating the name and address of the person who was served, as well as the address to which the documents were given. The applicant must apply to the court to prove that the divorce documents have been duly served. As a general rule, it takes at least 60 days for the court to divorce in Indiana. Once the divorce is filed, the court may issue temporary orders, but the effective divorce cannot be concluded until 60 days have been filed from the date of divorce. After filing, the petitioner serves copies of the divorce documents to the respondent and the respondent may file a response, a counter-action or both. After the service, spouses may try to develop an agreement.
Between the first notification and the last hearing, the two parties exchange financial information, including a list of all income, assets and liabilities. If one of the spouses believes and makes a formal application, or the court alone considers that there is a reasonable possibility that the parties could continue the marriage, the court may order that further divorce proceedings be delayed by 45 days and may also order the parties to request deliberation. The court ordered the deliberation may be appointed by a court or mediator, or it may be agreed by the parties. Filing for divorce is never nice, but if you have the right support or know-how, you`ll be ready to start your divorce. Knowing what to do reduces stress, so it helps to familiarize yourself with basic divorce procedures. This article describes the steps to follow for the start of the divorce. In Indiana, both parents contribute to their child`s help. As a general rule, a parent with greater merit pays for child care if he or she is not the legal guardian.