Indiana Divorce Steps
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Indiana Divorce Steps regarding documents
In contested divorce cases, steps must be taken to fill the following documents.
- Petition for Dissolution of Marriage
- Summons
- Notice of Provisional Hearing
In uncontested divorce cases, the following documents are essential.
- Property Settlement Agreement
- Waiver of Summons
- Waiver of Final Hearing
- Petition for Dissolution of Marriage
Indiana Divorce Steps in a Provisional Hearing
Another term for a provisional hearing is a temporary hearing. The following steps can be taken during this hearing.
- If any divorcing partner is in need of possession of property till a decision is made in the Final Hearing, this issue can be propped up during the provisional hearing
- Either divorcing partner can request a temporary restraining order. However, as per the laws of this state, this sort of order is restricted to property issues only
- A protective order proceeding can be executed for protection of the spouses and the children. As per the laws of this state, a protective order must be filed separately and connected to the original case
- The court can pass orders that the divorcing spouses must seek counseling for their children or for self under the following conditions
- The court creates a request for counseling of partners who have children less than 18 years of age
- Any divorcing partner, a child of the divorcing partners, the guardian ad litem of the child, a special advocate appointed by the court or the court creates a motion for counseling of the child
- Either or both divorcing partners create a motion for counseling with an intention of enhancing the circumstances of the marriage
- If any divorcing partner has displayed a behavior of family or domestic violence against any household or family member or there is an absence of consent of both parties, then, joint counseling is prohibited
Divorce Steps to terminate the divorce procedure
As per Indiana law, after the date of filing the petition, a period of 60 days must pass and after this the divorce can be finalized. The intention of this period is that the parties should get an opportunity for reconciliation. In order to finalize the divorce, it is not essential to always attend the court. The following steps can be taken to terminate a divorce.
- The divorcing partners might reconcile and consequently, the divorce case is dismissed
- Some counties in this state insist of mediation rather than scheduling a hearing
- The divorcing partners reach a settlement and accordingly file a written Property Settlement Agreement. There is no need of conducting a hearing
- The divorcing partners reach a settlement, but do not file a written agreement in the court. A Final Hearing is scheduled during which the partners orally discuss the agreement with the court
- A Final Hearing is scheduled during which the divorcing partners present evidences in the court. They leave it to the judge to take the final decision regarding their case
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