Indiana No Fault Divorce

The property distribution in this state is done using the principle of equitable division and not essentially on equal distribution. If the divorcing partners opt for an uncontested divorce, then they have the liberty to take the final decision regarding property distribution. However, if the divorce is contested, the court listens to the arguments of both divorcing partners and then passes its judgment regarding this topic.

Grounds of Indiana No Fault Divorce

The singular ground of divorce is that the marriage has been broken irretrievably. Moreover, there should be no reasonable possibility that the marriage can be restored. The marriage may be broken due to irreconcilable differences or incompatibility of temperament.

Residency requirements of Indiana No Fault Divorce

• One of the divorcing partners must have been residing in this state for minimum 6 months prior to the date of filing
• The divorce papers can be filed in the county wherein one of the divorcing partners is a resident
• One of the divorcing partners must have been residing in the county in which the divorce papers are filed for minimum 3 months immediately before the date of filing
• Sometimes there is a need of a neutral third party to testify that one of the divorcing partners has fulfilled the requirements of residency

Summary Dissolution Decree

In some special conditions, a Summary Dissolution Decree may be entered by the court in the absence of a court hearing. The conditions that must be fulfilled are as follows.

• The divorcing couple must have made a written agreement regarding settlement of any contested matters, or
• There must be a statement that there are no contested issues
• The Petition must be accompanied by a written waiver of the final hearing
• The Petition must be verified and signed by both divorcing partners
• After the filing date of the Petition for dissolution, 60 days must have passed

If there are some contested matters in the divorce, the court can plan a final hearing regarding these matters. The ruling issued by the court is deemed final. In this state, marital settlement agreements are particularly authorized. The reason for doing so is to accelerate the amicable divorce processes.

How premarital agreements are dealt with?

If the premarital agreement is to be effective, then, the agreement has to be in written form and must have the signatures of both divorcing partners. Moreover, it should be enforceable without consideration. After marriage, it is possible to cancel or alter the agreement. This is done by means of a written agreement on which both the divorcing partners have put down their signatures.

The premarital agreement cannot be enforced, when one of the divorcing partners proves one of the following.

• The agreement was unconscionable when put in practice
• The agreement was not carried out in a voluntarily manner

Divorce Papers