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Self-Representing Divorce

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dianna912

Junior Member
What is the name of your state (only U.S. law)? Indiana


I am getting ready to file for divorce in Indiana. We are in agreement on dividing the assets, so we are going to file ourselves utilizing In.gov and the forms provided. In the uncontested packet, they do not have a "Marital Settlement Agreement." I would assume this is not necessary? We are wanting to use one, just to have our agreement in writing, but if we use it, and get it notarized, does it need to go through the courts, also, in order for it to be legally binding? The paperwork is so basic on the website, it really doesn't cover much of anything. We are dividing my IRAs and of course the equity in the home. (I do understand the IRA's require a QDRO, which is somewhat complicated. I work for an Investment firm, so I am hoping I can handle it.) :)
 


mistoffolees

Senior Member
Yes, anything you do needs to be approved by the court for it to become binding.

If you're both in agreement on everything, that should be a mere formality.

One suggestion: spend some time reading through this forum to see all the problems that other people have experienced due to badly written agreements and make sure that all your bases are covered. Mistoffolees' rule: if you forget to put something in your divorce decree, that exact item will become a problem at some time in the future.
 

dianna912

Junior Member
Yes, anything you do needs to be approved by the court for it to become binding.

If you're both in agreement on everything, that should be a mere formality.

One suggestion: spend some time reading through this forum to see all the problems that other people have experienced due to badly written agreements and make sure that all your bases are covered. Mistoffolees' rule: if you forget to put something in your divorce decree, that exact item will become a problem at some time in the future.

So, I am working on the Marital settlement Agreement. I am surprised that it doesn't have a spot for Investment/Retirement accounts. Would I just put this under bank accounts?
 

LdiJ

Senior Member
So, I am working on the Marital settlement Agreement. I am surprised that it doesn't have a spot for Investment/Retirement accounts. Would I just put this under bank accounts?
Why not just use that form as a template and write your own settlement agreement. Then you can include the retirement accounts without worrying about whether or not there is a catagory for them.

However, if there is going to be any division of the accounts, you will also need to draw up a QDRO (Qualified Domestic Relations Order) and have the judge sign that as well. If you are dividing things up in such a manner that you are each keeping 100% of your own retirement accounts, then you don't need a QDRO.
 

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