What does it mean to file for for at least 60 days after you file the do this. The court can look at several divorce? divorce before you can get the divorce factors, including: finalized. After the 60 days are up, you When you file for divorce, you are asking can ask the court to schedule a final 1. Which spouse provided the money the court to end your marriage. The divorce hearing. At that hearing, the for the property; court will divide the property and debts. court will issue final orders concerning 2. Whether the property was given as a If you and your spouse have children, children, property, and debts of the gift to one of the spouses; the court will issue custody, visitation marriage. and child support orders. A divorce is How do I finalize the divorce? 3. The current financial situation of also called a “dissolution of marriage.” each spouse; and If you and your spouse agree on What do I have to prove to get a 4. The earnings or earnings ability of divorce? everything, you can give the agreement to the court and the court will finalize each spouse. You have to prove there has been an the divorce. You do not have to go to court for a hearing if you and your How will the court decide “irretrievable breakdown” of your custody and visitation? marriage. This means that there is no spouse have an agreement. An attorney can help with the proper paperwork. chance you and your spouse can stay Both the husband and wife have equal married. You do not have to prove that If you and your spouse do not agree, the rights to custody of the children. The you or your spouse did anything wrong. court will have a final hearing. At the court will determine what is in the best But you do have to prove that you or your hearing, both you and your spouse (and interests of the children. The court can spouse have lived in Indiana for the last maybe other witnesses) will tell the court consider: six months. what you each should have out of the divorce. The court will then grant the 1. The age and sex of each child; What happens when I file for divorce, and issue final orders divorce? concerning any children from the 2. The wishes of the children and the marriage, and the property and debts of parents; There is a $129 filing fee. If you cannot the marriage. The wife can also ask that 3. The relationships among the afford to pay the fee, you can ask the her maiden name (or other former name) children, their parents and other court to let you file a divorce without be given back to her. paying the fee. The court will then significant people; decide whether you can afford to pay the How will our property be filing fee or not. 4. The children’s adjustment to their divided? home, school and community; Shortly after you file for divorce the court will often have a hearing. At this In general, the court will divide the 5. The physical and mental health of hearing, the court will issue temporary property evenly between the two the children and parents; and orders concerning children, property, spouses. However, the court may give debts or anything else that cannot wait one spouse more property than the other 6. Evidence of a pattern of domestic until the final hearing. You have to wait spouse if the court has good reasons to abuse. The parent who does not have custody is child from the marriage, the court can usually given visitation. Indiana has grant the divorce and will state in the “Parenting Time Guidelines” which say divorce order that the unborn child is what visitation should be given. The “not a child of the marriage.” If the visitation is different for different ages of husband and/or wife believe the child is children. Your local court can give you a a child of the marriage, the court can copy of these Guidelines. grant the divorce but the parties will have to go back to court after the child is Will the non-custodial parent born to determine issues concerning the Divorce have to pay child support? child.
Last Revised 11/2002 Special Code: 1320200 Yes. The court usually will order the non-custodial parent to pay child To Submit an Application support. Indiana has Child Support Guidelines that help the court determine for Legal Assistance, the amount of child support. The Call ILS Intake: guidelines use both parents’ incomes to determine the amount of child support. Anderson: Bloomington: Prepared by: The following web-site may help you 1-800-385-3541 or 1-877-323-6260 or estimate your child support: 1-765-644-2816 1-812-335-2610 Indiana Legal Services, Inc. www.indygov.org/cgi-bin/courts/support.cgi Evansville: Fort Wayne:
What if my ex-spouse does not 1-800-852-3477 or 1-877-323-6260 or 1-812-426-1295 1-260-424-9155 follow the divorce order?
Gary: Hammond: The production of this pamphlet is made possible by a grant If your ex-spouse does not follow the 1-888-255-5104 or 1-219-853-2360 from the Indiana Bar Foundation. court’s orders, you can take the ex- 1-219-886-3161 spouse back to court for a “contempt” hearing. The court can order your ex- Indianapolis: Lafayette: spouse to follow the divorce order, and 1-800-869-0212 or 1-800-382-7581 or This pamphlet is for information only. It is NOT legal advice. can even punish the person for not 1-317-631-9410 1-765-423-5327 For legal advice, contact a private attorney or a lawyer at the following the court’s order. nearest Legal Services Office.
New Albany: South Bend: Laws and Policies change. Please look at the last revised date Will the court grant a divorce if 1-800-892-2776 or 1-800-288-8121 or to make sure the information is still current. the woman is currently 1-812-945-4123 1-574-234-8121 pregnant? Information Available on the web Español 1-877-323-6260 www.indianajustice.org The court can grant the divorce while the woman is pregnant. If the husband and wife agree that the child is not a