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separation????

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R

r-in-ind

Guest
is a separation required before a divorce in indiana? what things should i be doing to prepare for the possibility of either or?
 


E

egmathey

Guest
I m not a lawyer but will make a suggestion since none have replied yet.
You can check Indiana law by going to this site's home page and clicking on state law links, which will take you to AccessIndiana.
I did this and read the laws for divorce. Indiana is a no-fault state and there need not be grounds for divorce. One simply goes to court and requests a dissolution of marriage. I am not sure about how to do this but there are others who do and may advise you.
To protect yourself, I suggest that you get a lawyer if you can afford one, especially if there are any children. The cost in my Indiana county is $500 for an uncontested divorce and $750 for a contested divorce and you pay the filing costs.
After filing, there is a sixty day period before the divorce can be granted. During this time the couple should agree upon the settlement of property, child or spousal support, etc. If they cannot agree, then the judge will hear both sides and he/she will determine what is a fair and equitable settlement (usually meaning neither party is happy). The couple can also bifurcate, which means the divorce is granted after sixty days and they have additional time to agree upon a settlement.
If you can afford an attorney, then I also suggest you speak to divorced people in your area and find out who is the biggest, baddest, great white in your little legal ocean (this is what I did but she doesn't do divorce any more and I settled to talking to a partner in the firm).
I wish I could offer some really good advice but the best bet is for you to start some serious research so that you can make informed decisions.
Good luck...
 

tigger22472

Senior Member
I also live in Indiana and obtained my divorce here. I had a few options in front of me. One is if you can't afford an attorney you can go to your local aide society and see if you qualify for help and can receive a divorce for like anywhere from 100$ to 800$. Another choice to to file the papers yourself and only pay filing fees. Your third choice is to get an attorney if you can. I chose the latter because I felt I should with kids involved. Fact of the matter is I could of done a better job then he did and saved time, trouble and being told "duh, I don't know." In the state of Indiana a legal separation is the same as a divorce and anytime within the first year can simply be changed over to a divorce. THANK GOD for no-fault divorce states!!!
 

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