In the state of Indiana, any petitioner who wishes to file for a divorce must establish residency for at least six months. The exception to the rule applies to military personnel. These petitioners can file after three months of living within the state.
Requirements for a Divorce in Indiana
In the state of Indiana, petitioners may file for a divorce based on no-fault grounds such as irretrievable breakdown or through fault-based grounds recognized by the state. The fault-based grounds include an existing marriage, certifiable insanity, a felony conviction, and impotence. In order for the petitioner to obtain a divorce based on fault grounds, he or she must present proof in court. Alternately, if the defendant chooses not to contest the divorce or signs an affidavit owning up to the petitioner’s claim the court will award a final judgment based on these grounds.
If Your Spouse Contests the Divorce
Contested divorces require a longer duration to settle. For instance, the defendant has the legal right to contest any portion of the divorce agreement. This includes division of property, child custody or support, and alimony. The first step to preventing further disagreements is for your attorney to negotiate with your spouse’s attorney. When this is not successful, the next step is mediation.
What Does Mediation Involve?
Mediation requires you and your spouse to meet with your respective legal counsel. The meeting requires several hours to allow you to address each term individually. This meeting allows you both to discuss any problems you have with these terms and make an attempt to come into an agreement.
If you and your spouse cannot agree on the terms of the divorce, it is necessary for you to attend a trial. This requirement could lead to up to two years of rehashing each detail of your marriage. Unfortunately, if a trial is necessary, a judge and jury will make final decisions for you. However, child custody is determined in a separate hearing. If you need a Family law attorney in Washington Indiana for divorce proceedings, Feavel Law Office is a a full service office caring for the area’s legal needs since 1994.
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