When a couple decides to get a divorce in Indiana, they can file for an uncontested divorce. This means that the couple agrees to get a divorce based on the grounds of an irretrievable breakdown of their marriage. These are grounds that do not place fault on either party, unlike fault-based grounds of divorce, such as incurable insanity or felony conviction. An Indianapolis divorce attorney can help a couple get a quick, amicable, uncontested divorce.
In an uncontested divorce, spouses agree on the major aspects of their separation agreement, including spousal support, child custody, property division, and child support. The couple can then negotiate the finer details until they reach a compromise and submit the agreement to the court. If the agreement is fair and aspects involving children are in the children’s interests, the court will approve the agreement and finalize the divorce after the mandatory waiting period.
An uncontested divorce is often less stressful and less expensive than a contested divorce, making it easier on all parties and their family.
How Does a Divorce Attorney Help With an Uncontested Divorce?
You are not required to be represented by an attorney in an uncontested divorce. However, an attorney can help a couple in an uncontested divorce in many ways. An attorney can make an uncontested divorce go more smoothly and be less stressful, and could even save you money in the long term. The benefits of an attorney include:
- Understanding of Divorce Law in Indianapolis
Divorce attorneys have significant experience in divorce law. When you work with an attorney who has local experience, they will understand how specific state and local laws and requirements apply to your divorce. Your attorney can manage deadlines and waiting periods, determine which documents you need, work with professionals for accurate asset value and division, and help you create a valid and fair separation agreement.
You will have to worry less about the components of an agreement being invalid or valid and costing you money and stress in the future. This can limit future costs and prevent you from having to do the agreement over.
- Ensuring Your Rights are Protected
An uncontested divorce without an attorney can be a risk. If your spouse does not have your interests in mind or makes a mistake, you could be in trouble if a judge approves the agreement anyway. A separation agreement, once submitted to the court, is an enforceable court order. You or your spouse may forget important provisions, overlook assets, or assign an unrealistic level of support. An attorney can prevent these common mistakes.
- Assisting if the Divorce is Not Uncontested
In some situations, a couple begins the process of an uncontested divorce before discovering that they do not agree on their divorce. For some couples, aspects of the separation agreement can be handled through negotiation, and other aspects go through court. In some cases, the couple cannot negotiate any of their agreements. One spouse may also be hiding assets or behaving unfairly. An attorney may be able to address these issues more efficiently, saving the couple time and energy.
- Helping with Negotiations
Even in situations where a couple wants an uncontested divorce and wants to work together on their separation agreement, emotions and tempers can flare during any divorce. The contents of a divorce can be financially and emotionally stressful, and the changes in each spouse’s life can be exhausting. The benefit of an attorney is their ability to effectively manage these discussions and negotiations, making them more efficient and suggesting unique legal solutions to the problems at hand.
FAQs
Q: How Long Does It Take to Get an Uncontested Divorce in Indiana?
A: An uncontested divorce in Indiana has a mandatory waiting period of 60 days after a couple files for the dissolution of their marriage. The couple must meet the residency requirements to file, which state that at least one spouse has lived in the state for six months and lived in the county they are filing in for three months. If the couple meets the residency requirements, the minimum amount of time a divorce takes is 60 days.
However, an uncontested divorce may take longer if the couple needs more time to negotiate their separation agreement, if they have significant assets or complex assets, or if they must determine child custody.
Q: What Is the Average Cost of an Uncontested Divorce in Indiana?
A: The cost of a divorce depends on several factors. Filing fees for divorce petitions depend on the county you are filing in but typically range from $150 to $200. If a couple hires a mediation attorney, or each spouse hires their own attorney for a collaborative divorce, these costs will go up. However, the divorce may also be resolved more efficiently and fairly.
Attorney costs rely on many factors, such as the complexity of your divorce, the attorney’s fee structure, and the type of divorce you are obtaining. Divorce attorneys typically charge on an hourly basis.
Q: Does Indiana Require Separation Before Divorce?
A: No, Indiana divorce law does not require physical or marital separation before a couple can have their divorce finalized. However, there is a mandatory waiting period of 60 days between filing for divorce and receiving a finalization. This period is meant to give both parties time to cool off and ascertain that they want to get divorced. In an uncontested divorce, a couple may be able to negotiate their separation agreement within those 60 days, which allows them to finalize the divorce within that time.
Q: What Is the Fastest Way to Get a Divorce in Indiana?
A: The quickest way to get a divorce in Indiana is typically an uncontested divorce. In an uncontested divorce, spouses either agree on or agree to negotiate the terms of a divorce, including property division, child custody, and spousal support.
An uncontested divorce is filed on the no-fault grounds of an irretrievable breakdown of the marriage. Couples can file for a divorce if they meet the residency requirements and then must wait a 60-day waiting period to finalize the divorce. An uncontested divorce is beneficial in several ways, including limiting the costs, allowing for more amicable parting of spouses, and making the process easier on the entire family.
Contact Stange Law Firm in Indianapolis
Your divorce attorney can help you navigate the straining process of divorce more quickly and more amicably. Every divorce is unique and requires unique and adaptable advice from a qualified attorney. Contact Stange Law Firm today.
