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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 do not have an agreement 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 Motion for Final Hearing, Notice of Final Hearing, 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. If you asked for a provisional hearing, the Court will send you a notice telling you when the provisional hearing will be. 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: Provisional Hearing
A provisional hearing is a hearing before the final trial date where parties ask for temporary orders such as temporary possession of the marital residence and spousal maintenance. Each party may present evidence and testimony in his or her behalf.
The judge will issue orders at the provisional hearing that will remain in effect until the Final Decree of Dissolution or until modified upon request before the final decree.
Step 5: Finish your divorce
After 60 days, take to the Clerk of the Court
- The originals and copies of
- the Motion for Final Hearing and Notice of Final Hearing
- 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 Motion for 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.
You and your spouse should each receive a copy of the Notice of Final Hearing back in the mail. This will tell you the date of your final hearing.
Step 6: The Final Hearing
Watch the chapter(s) on preparing for your hearing in the video Family Matters: Choosing to Represent Yourself in Court.
Before you go to Court, you should review the Dissolution of Marriage statute (IC 31-15) so that you know what evidence you need to present to the Judge.
- Dress nicely and be on time
- Take the Decree of Dissolution of Marriage to Court with you
- You will get to talk first, because you are the one who filed for the divorce. Then, your spouse will get a chance to talk. Do not interrupt the Judge or your spouse.
- Give the Judge your Decree of Dissolution before you leave
Sometimes, the Judge will make his or decision right away. Sometimes you will have to wait for the decision to come in the mail. The Judge might sign the decree you provided or issue one of his or her own. If it has been several weeks since the final hearing and you have still 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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