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What does it mean to have an agreement?
For purposes of this website, having an agreement means that you and your spouse agree on all issues in your
case. For example, in a divorce case where there are children and property, having an agreement means you and your spouse agree on who will have custody, when
the other parent will have parenting time, who will pay child support and how much he or she will pay, who will keep what property, and who will be responsible
for paying which debts. |
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Step 1: Who should use this packet
You should use this form packet if you want to divorce your spouse AND:
- You have lived in Indiana for at least the past six months and in your current county for at least the past three months;
- You have no biological or adopted minor children with your spouse;
- You are not currently pregnant with your spouse’s child, or your spouse is not pregnant with your child;
- Neither you nor your spouse is currently in the military; and
- You and your spouse agree on how all property should be divided.
If either you or your spouse is in the military, or if you or your spouse is pregnant, DO NOT use this form packet. There are special issues in your case that these forms do not address, and you need to seek legal advice from a lawyer.
If you are seeking a Protective Order, you may obtain a form from the Clerk of the Court or obtain it from the Indiana Supreme Court's website at http://www.in.gov/judiciary/forms/po.html. A Petition for a Protective Order must be filed as a separate case from this dissolution matter.
Step 2: What this packet contains
The packet (link below) is a document, which contains several pages of questions that you complete on the computer. When you answer the questions, the forms will be filled in automatically. Once the packet is completed, you must print the forms, sign the forms, make copies, and take them to the Clerk of the Court. Review your local court rules to find out how many copies you will need, and any additional forms or procedures required in your county.
Step 3: File your Completed Forms
- Take the originals and copies of your forms to the Clerk of the Court in the county where you (or your spouse) have lived for at least the last three months.
- Keep the Verified Waiver of Final Hearing and Settlement Agreement and Decree of Dissolution of Marriage in a safe place, because you will need to file them later.
The Clerk will provide the case number and process the forms. The Clerk will stamp the forms with a filing date and give you back a copy. Mail a stamped copy of the forms to your spouse’s attorney, or to your spouse if he or she does not have an attorney. Indiana law (IC 31-15-2-10) requires that you must wait at least 60 days after you file the papers to finish your divorce.
Step 4: Finish your divorce
After 60 days, take to the Clerk of the Court
- The originals and copies of
- the signed Waiver of Final Hearing and
- the Settlement Agreement and Decree of Dissolution of Marriage
- Two self-addressed stamped envelopes: one addressed to you and one addressed to your spouse’s attorney, or to your spouse if he or she does not have an attorney
The Clerk will file-stamp the forms.
- Mail a copy of the Waiver of Final Hearing to your spouse’s attorney, or to your spouse if he or she does not have an attorney on the day you file it.
The Judge will sign the Settlement Agreement and Decree of Dissolution of Marriage and you will get divorced without a hearing. You will receive a copy of the Settlement Agreement and Decree of Dissolution of Marriage in the mail once the Judge has signed it. If it has been several weeks since you filed the Settlement Agreement and Decree of Dissolution of Marriage and still have not received your decree in the mail, call the Court and ask for a copy.
You are divorced when the judge signs the Decree of Dissolution. You should not get re-married until you have a copy of the Decree of Dissolution signed by the Judge.
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