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Either party may file a petition for dissolution of marriage. One party must reside (or be stationed) in Indiana for six months and reside (or be stationed) in a county for three months before filing the petition. Petitions are heard by the court after a minimum of 60 days after filing.
No, only one spouse files for divorce. If you are unsure whether to file for divorce first then you should arrange a free consultation so that an attorney can advise you about your next steps.
The filing fees for legal separation are under $200, but you may have other legal fees associated. Though you can just file for legal separation on your own, its better to have legal help.
A 50/50 split of marital assets is the presumptive standard in Indiana divorce settlements. Because Indiana is an equitable distribution law state, trial court judges can deviate from the 50/50 standard.
While there is no way to stop a divorce in Indiana, a party who does not want a divorce may wish to slow it down in the hopes of reconciliation. There are a few strategies that can be used to accomplish this goal.
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In Indiana, divorces are considered no fault. This means that Indiana courts do not consider the reasons for the dissolution of the marriage. Here, neither party needs to show that the other party did something wrong, such as committing adultery.
Property Division in Indiana In most cases, this means that each spouse gets about half of everything they own. However, a court could decide that its fair to have an unequal property split.
Who Gets the Family Home in an Indiana Divorce? As weve seen, Indiana law specifically allows the judge to take into account the possibility that a custodial spouse may need to own or continue living in the home the couple owns. But the law doesnt say that either spouse must get to keep the family home after divorce.

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