Quick Answer: Does it matter who files for divorce first in 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.

Who gets what in a divorce in Indiana?

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.

Does Indiana require separation before divorce?

The filing of the Petition for Dissolution of marriage starts the divorce process in Indiana. And, unless the parties have filed a legal petition for separation before filing for divorce, the filing of the Petition for Dissolution of Marriage also acts as the legal date of separation of the parties.

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Do both parties have to sign divorce papers in Indiana?

Once the court issues a Decree of Divorce, you are considered divorced. Your spouse’s consent is not necessary.

How does divorce work in Indiana?

Indiana has “no fault” divorce, which means you don’t have to prove either spouse did anything wrong to get a divorce. … The spouse who wants a divorce just has to tell the court that the marriage is “irretrievably broken” to get a divorce. There is really nothing the other spouse can do to stop a divorce.

Can my wife take everything in a divorce?

3 attorney answers

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

What can you not do during a divorce?

Top 10 Things NOT to Do When You Divorce

  • Don’t Get Pregnant. …
  • Don’t Forget to Change Your Will. …
  • Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
  • Don’t Sleep With Your Lawyer. …
  • Don’t Take It out on the Kids. …
  • Don’t Refuse to See a Therapist. …
  • Don’t Wait Until After the Holidays. …
  • Don’t Forget About Taxes.

Can you date while separated in Indiana?

In Indiana, unlike some state, the mandatory waiting period from the date of the filing of the divorce petition until the divorce can be final is sixty (60) days. That doesn’t mean that all divorces can be finalized in 60 days, but it does mean that, for most people, you only have to wait a few months to start dating.

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How is debt divided in divorce in Indiana?

Debts are lumped with assets as part of a couple’s marital property, and thus, must be divided as part of the divorce. … Indiana is an equitable division State, meaning marital property is divided according to what is fair, which may or may not be equal.

Can my wife take my 401k in a 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. … For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.

What is the fastest way to get a divorce in Indiana?

An uncontested divorce can be pretty quick if you meet Indiana’s residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.

What happens when one spouse doesn’t want a divorce in Indiana?

My spouse doesn’t want the divorce. … You can get a divorce even if your spouse does not want it. You will have to tell the Court, in your petition and at the hearing(s), that your marriage has suffered an “irretrievable breakdown.” This means that you cannot fix the problems in your marriage.

How much does a divorce cost Indiana?

Divorce Filing Fees and Typical Attorney Fees by State

State Average Filing Fees Other Divorce Costs and Attorney Fees
Indiana $157 Average fees: $9,000
Iowa $185 Average fees: $9,000+
Kansas $400 Average fees: $8,000+
Kentucky $148 (without an attorney), $153 (with an attorney) Average fees: $8,000+
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Is cheating illegal in Indiana?

The answer is no – and yes. The laws vary from state to state. In some states, the issue of adultery is going to matter big time. But in Indiana, divorces are considered “no fault.” What that basically means is that neither party has to show that the other did anything wrong in order to acquire a divorce.

How long must a person live in Indiana to file for divorce in Indiana?

In order to file for divorce in Indiana, you must either be a resident, live in the state for 6 months immediate before you file, or you must be a military member stationed in Indiana and also have lived in the state for at least 6 months.

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.

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