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. The filing of the petition for the dissolution of marriage begins the divorce process in Indiana. And if the parties did not file an application for separation prior to the filing of the divorce, the filing of the application to dissolve the marriage is also considered the legal time of separation of the parties. The date of separation may be important for the subsequent determination of equitable asset allocation. As we have already discussed, for example, a party could file a motion asking the Court to set a date for an interim hearing.
Similarly, a party could file a motion asking the Court to set a date for the last hearing. A party may apply to invite the parties to participate in the mediation. In the event of a divorce from minor children, a party may apply for the appointment of a Guardian Ad Litem to assist in custody disputes. Or, as explained above in the „Investigation“ section, a party may file a motion in Compel to ask the court to compel a party or a non-party to respond properly to requests for investigation. An application for dismissal could be made to dismiss the divorce action if the parties reconcile during the rationalization of the divorce. There is only one specific reason for divorce in Indiana, and it is a divorce without error. An error-free divorce means that the marriage is irretrievably broken and has no chance of a reasonable survival. There are also several general reasons why a marriage can be legally terminated.
Indiana statues allow a judge to terminate a marriage if the following factors are filled: (1) Impotence at the time of marriage; (2) conviction of a post-marriage crime; and (3) incurable mental illnesses for 2 years. Well, if you are the party that receives the divorce application, you can, but you don`t have to answer those charges. Divorce laws in Indiana state that you can make a plea, but that is not necessary. As explained above, just because you are not making a pro-dissolution petition does not mean that the things the other party has asked for in its petition are not granted. After reaching agreement on all these issues, the parties usually have one of their lawyers designed, the other lawyer checks him, and he can go back and forth before a final agreement is reached. After being signed by both parties and their lawyers with respect to its form (if they have lawyers), the parties submit the agreement to the Court with the Wavier of the last hearing and a proposal for a dissolution decision for approval by the Tribunal. Most of the time, the Court of Justice will approve the agreement. However, the Court of Justice still has to look for the best interests of the child and could choose to reject the transaction treaty, but this is rare. So why did I record it? For happiness promotes the prepared spirit. There are many things you can do before you file for divorce which can save a lot of time and money in the divorce process.
There are also pitfalls to avoid before divorce. The transaction agreement should cover the distribution of marital property, including: real estate, private property, property shares, vehicles, bank accounts, credit cards, shares, IRA/401ks, tax returns, debts, etc.