The divorce process can be a very stressful, confusing, and emotional time in anyone’s life. During a divorce many important and potentially contentious issues, like dividing property and child custody, will be decided. With everything that goes on during a divorce, questions can arise about what to expect while going through the process. While it’s important to know every divorce is different, it’s nice to know what to expect. Each divorce case follows the same general steps: one party files with the Court, discovery, mediation, and if the parties cannot reach an agreement, final hearing.
Beginning the Divorce Process
To begin the divorce process in Indiana, you will file a “Petition for Dissolution of Marriage” or “Petition for Dissolution of Marriage with Children.” Dissolution of Marriage is the name for divorce in the Indiana courts. The spouse that files for divorce is known as the Petitioner. The Petitioner’s spouse is known as the Respondent. The Petitioner is responsible for sending the petition for dissolution and summons to the Respondent or having the papers served on the Respondent.
There are several facts that must be included in the Petition for Dissolution of Marriage. In Indiana, you must be a resident of the state or stationed in Indiana with the military, for at least six months before filing for divorce. You or your spouse must be a resident of the county in which you file for at least three (3) months prior to filing. The petition must also include the date of the marriage; the date of separation; the names and birthdays of any children under the age of twenty-one (21) or that are incapacitated; a request for the dissolution of marriage; and whether either party is a lifetime sex or violent offender. Once all of this information has been compiled into the Petition and filed with the court, the divorce process has officially begun.
The Pendency of Your Divorce
The pendency of divorce is the time in which issues that arise, especially those related to children and property, are typically settled. It is also when any necessary documents, such as a financial declaration, are gathered through a process called discovery. A divorce will be pending for, at minimum, sixty (60) days. This is because under Indiana law, there is a minimum sixty (60) day waiting period between the date of filing the petition and the earliest day that the court will grant the petition. This waiting period exists in every divorce, whether the parties have amicably settled all issues before filing or where the parties will need a judge to settle the issues after a final hearing.
Common Issues to Resolve While Your Divorce is Pending
Various property issues can arise during a divorce. In the context of a divorce, property includes any real property, like a home; personal property, such as a car; and any intangible items, such as a retirement account. It’s important to know that all assets of either party, whether independently or jointly owned, are considered marital property. This means that they are the assets of both parties. Generally, there is a presumption for the equal division of assets being just and reasonable unless a party can rebut that presumption by showing equal division is not just or reasonable. However, there are exceptions to the presumption of an equal division of property that can be presented to the Court.
Whenever there were children born of the marriage, the parties must also address child custody during the pendency of their divorce. There are two pieces to child custody, legal custody and physical custody. Legal custody is the authority to make child-rearing decisions, such as those regarding health, education, and religion. Another issue to be determined is physical custody, or when each parent will have parenting time with the child. Issues regarding legal custody, physical custody, and child support are areas that can be highly contentious during a divorce that can lengthen the process and result in the parties going to court.
Finalizing Your Divorce
In Indiana, you are not divorced until the court issues a decree of dissolution. This final decree will address all issues, such as property division, child custody, and child support. If the parties have reached compromises on all issues, the parties may file a proposed settlement agreement with the court. This settlement agreement should address how the property of the parties will be divided, the child custody arrangement the parties have reached, and any child support either party is responsible for. That settlement agreement will be incorporated into the divorce decree that the parties will abide by. Alternatively, if the parties are unable to reach a settlement agreement and proceed to final hearing, the court will then issue a court order on all issues when they issue the decree of dissolution.