Divorce

Divorce

INITIAL FORMS

PETITION FOR DISSOLUTION OF MARRIAGE

SECONDARY FORMS

SETTLEMENT AGREEMENT AND DECREE FOR DISSOLUTION

PLEASE NOTE: THESE FORMS CAN ONLY BE FILED SIXTY (60) DAYS AFTER THE PETITION FOR DISSOLUTION HAS BEEN FILED.

CHILD SUPPORT OBLIGATION WORKSHEET

FOR ALL CASES INVOLVING CHILDREN: CHILD SUPPORT OBLIGATION WORKSHEET MUST BE COMPLETED AND SIGNED BY ALL PARTIES

Additional Forms

Income Withholding Order (IWO)
Health Insurance Premium Worksheet (HIPW)
Verified Request for Provisional (Temporary) Orders
Financial Declaration Form
Child Support Information Form
Verified Motion For Fee Waiver Of Pre-Payment Of Fees

MORE INFORMATION ABOUT DIVORCE PROCEEDINGS

Dissolution of Marriage

Conflicts over parenting time and custody may put yoUR CHILD(REN)’S HEALTH AND WELL-being at risk. You and your spouse are encouraged to participate in the Up To Parents free service. If children are involved, you may be required to attend a class on the effects of divorce on children and the family.

Residence Requirements

Prior to filing your Petition for Dissolution, you must reside in Indiana for six (6) months and in the county where the petition is to be filed for ninety (90) days.

Filing Fees and Costs

The court charges a filing fee in all new divorce cases. This is the only fee that you are required to pay throughout your case. Post-dissolution issues do not require additional fees to be paid. This is a one-time charge.

How to Serve Divorce Papers

For the divorce to actually proceed, the court will need proof that your spouse was served with the petition. Serving the paperwork is the crucial step that gets the divorce process started. The court CANNOT proceed without proper service. To learn more, please see our section on Obtaining Proper Service.

Provisional (Temporary) Order

People in a divorce are not always thinking clearly under the stress of the situation and poor decisions are made. Provisional Orders are orders the court may issue during the time a divorce case is pending, such orders provide clear cut rules for everyone to play by, and they set important boundaries for the behavior of both parties. These are only temporary orders – and are not intended to last forever.

Waiting Period

No divorce can be granted until at least sixty (60) days have passed following the date of filing the Petition for Dissolution. This is a minimum time period. During the waiting period, you can begin to work out details of custody, parenting time, support, and property settlement. Indiana law permits a waiver of the final hearing. This means that an uncontested (not opposed by your spouse) divorce may be submitted to the Court for approval without either party appearing in court.

Petitioner / Respondent

Once you are established as the Petitioner or the Respondent that is the role you will take on for the life of your case. The Petitioner is the individual who initiated the original case.

Child Support Obligation Worksheet (CSOW)

For cases involving children, this form MUST be completed and signed by all parties. This is to be submitted with all cases that involve child support.