Divorce Filing Fees in Indiana You’ll have to pay court fees when you file your divorce paperwork. As of 2021, the filing fee for a civil case (such as divorce) is $157. Your cost might be different if you pay to have the divorce papers served on your spouse or if the clerk of the court assesses other fees.
Who pays for lawyer fees for divorce in Indiana?
Indiana, like most states, follow the American Rule. This means each side pays for their own attorney’s fees. However, there are provisions under the Paternity and Divorce acts for the court to order one side to pay the other party’s legal fees.
Can I file for divorce in Indiana without an attorney?
No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts.
What are divorce laws in Indiana?
Indiana divorce law requires a separation period of 60 days before a divorce can be finalized. The couple does not need to be separated prior to filing for divorce, but the court does require this waiting period before the divorce can be finalized.
Is Indiana an alimony state?
Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.
Who gets the house in a divorce Indiana?
How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.
Is Indiana a 50 50 state when it comes to divorce?
Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
How is alimony calculated in Indiana?
The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
Is Indiana a no fault divorce state?
What do you have to prove to get a divorce? Indiana has “no fault” divorce, which means you don’t have to prove either spouse did anything wrong to get a divorce. (A divorce is sometimes called “dissolution of marriage”; both mean the same thing).
How long does a divorce in Indiana take?
Waiting Period for Indiana Divorces Indiana is no different. In Indiana, the court cannot sign off on your divorce for at least 60 days after you file. So regardless of other circumstances, your divorce will take at least 60 days to complete.
Does infidelity affect divorce in Indiana?
Adultery Laws in Indiana Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.
What is considered spousal abandonment in Indiana?
Marital abandonment occurs when one spouse deliberately severs all ties with his or her family with no intention of returning. This includes no longer taking care of financial obligations and support without a good reason.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
Does it matter who files for divorce First Indiana?
Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.
Can a spouse kick you out of the house in Indiana?
One can move out while the divorce underway, with or without the permission of the other spouse or by agreement formalized through the court. However, the relocating spouse may have a difficult time regaining possession of the marital residence during the divorce.
How are things split in a divorce in Indiana?
Indiana is a “one-pot” property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally. But this can be overcome and will not necessarily mean that the final division will be equal.
How is debt divided in divorce in Indiana?
Typically, debts should be divided as equally as possible. Bringing forth evidence that splitting debts evenly wouldn’t be “just and reasonable,” however, will change things. Debts gained before the marriage or put only in one person’s name may be left to only one or the other spouse.
Can wife get 401k divorce?
Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place.
How long do you have to be married in Indiana to get half of everything?
There is no statutory definition for a “long” marriage in Indiana that would entitle a person to a “full” share of assets in a divorce. In theory, the same rules apply to a marriage which lasts one day and one which lasts 40 years.
Is my wife entitled to half my house if it’s in my name?
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesn’t mean you are both liable for half each though – if one person doesn’t pay their share, the other can still be held responsible for the whole mortgage.
Can you date while going through a divorce in Indiana?
Divorce Law Does Not Prohibit Anyone From Dating You should know first that, legally speaking, you are permitted to date during a divorce. To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.
What happens to 401k in divorce Indiana?
If the spouses agree or the judge orders that part of a 401(k) or other workplace retirement plan be split up, a qualified domestic relations order (QDRO) will be issued by the court for the plan administrators.
How is the house split in a divorce?
California is a community property state, not an equitable distribution state. This means that any assets or property gained during the course of a marriage belong equally to both spouses and, therefore, the property must be equally divided between the two spouse by the court in a divorce.
Can you get divorce without your spouse signature?
Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others’ consent if they are sure that they have strong grounds for breakdown of the marriage.
How much is child support in Indiana?
The court orders a flat percentage of 25% of the non-custodial parent’s income to be paid in child support to the custodial parent.