Online Divorce in Indiana | Steps to Follow

Traditional divorce proceedings often take a lot of nerves, time, and money. An inexpensive alternative for is using online divorce services when filing for divorce. It is simple, affordable, and fast. You do not need to leave your home to complete all the required paperwork. At the same time, online divorce services provide step-by-step instructions for filing. It is an ideal solution for couples who have an uncontested case.

In this article, you will learn what steps to take for an online divorce.

How to apply for divorce in Indiana online

Step 1. Fault or no-fault divorce

The divorce process consists of several stages. The first thing to do before filling out the documents is to determine the type of dissolution of marriage. To do this, you need to decide on the grounds for divorce. If the state approves them, then you will get a divorce. Indiana offers both fault-based and no-fault grounds for divorce. The main difference being that fault-based grounds lay blame on one of the spouses and must be proven in court.

No-fault grounds in Indiana are:

  • Spouses have lived separate and apart for at least 6 months by mutual consent and have irreconcilable disagreements that have led to an irrevocable break of the marriage. Reconciliation failed, and further attempts would be impractical.

The most common fault-based grounds for divorce include:

  • adultery;
  • alcoholism within two years of marriage;
  • drug addiction;
  • constant violence.

Step 2. A contested or uncontested divorce

When you have decided on the grounds for divorce, then you should determine whether you need to settle the case through court or not.

If both parties are ready to resolve their differences out of court, they usually face a more accessible and quicker divorce process. If the couple cannot agree, they will have to seek help from the local court.

The main difference between contested and uncontested divorce is the time it takes to complete the divorce. Uncontested divorces are usually quick. Besides, an uncontested divorce does not require lengthy legal procedures. Therefore, the cost of divorce will be much cheaper.

Another difference is the extent to which results can be appealed. In an uncontested divorce, the parties agree, and the divorce terms are not subject to appeal. However, there are exceptions. If circumstances change significantly, spouses can change the agreement.

In a contested divorce, the judge decides about your divorce. The judge may give preference to one of the spouses, which will go against the couple’s priorities. For example, a judge can order the transfer of a car and a house to one spouse at a time when the spouses were ready to share them equally. Therefore, an uncontested divorce is preferable because the spouses can control the process themselves.

Step 3. DIY divorce or lawyer-assisted divorce

If you and your spouse decide to have an uncontested divorce, you do not need to hire a divorce lawyer. There is such a thing as a do-it-yourself divorce (DIY divorce). It means that you will represent yourself in court without an attorney. The most difficult challenge in an uncontested divorce is completing the paperwork.

If you decide to use a lawyer’s services, they collect all the necessary extracts from banks, financial statements and prepare forms for filling out. But, the more time a lawyer spends on your case, the bigger your final bill becomes.

As a cheaper alternative, you can use online divorce companies to help prepare the divorce papers. By choosing divorce over the internet, you can avoid unnecessary nerves while filling out documents and reduce expenses. Besides the small cost for the online divorce services, the remaining fees can be reduced to just the filing fees.

Step 4. Application for divorce online

Each state has specific documents that must be filed to initiate your divorce. The forms can vary depending on your circumstances. Another reason to complete divorce online is to be sure that you will get the correct forms for your divorce. Usually, internet divorce companies already have all the necessary papers according to the state’s requirements.

To ensure that the proper forms are completed without errors, the web divorce company will have you fill out a simple questionnaire. Based on the details you provide, the online divorce company will select and complete the exact forms necessary for your divorce. The documents are typically available in around two business days, ready to print, sign, and file.

After signing the documents, you or your spouse can submit them to the local court. The online divorce company will provide you with filing instructions.

As with any other state, you must meet the state’s residency requirements to apply for divorce. At least one of the spouses must have resided in the state for at least 6 months for Indiana courts to have jurisdiction over your case. The case can be filed in the county where either the petitioner or respondent currently resides.

When filing the documents with the court, the court will charge a filing fee, which may vary slightly from county to county. They will also assign you a case number, officially initiating your divorce.

The state of Indiana requires a waiting period of 60 days after the initial submission of documents before the dissolution of marriage can be finalized. If you need to amend any of your documents during this time, the online divorce service will allow you to do it for free.

Step 5. Send copies of documents to your spouse

After filing your completed package of documents, you need to send one copy to your spouse. It can be done in person or by email.

Step 6. Make sure all issues are resolved before the final hearing

Child custody

If the couple has children, then the issue of custody must be resolved.

There are options for joint legal or sole custody. The choice will be based on the best interests of the children. Factors that can influence custody include:

  • age and gender of children;
  • the wishes of the parents;
  • wishes of children;
  • the health of all those involved;
  • relationships of children with parents and other family members.

Parents can get joint custody if:

  • both parents have the ability to provide a supportive home environment;
  • are not located too far apart;
  • are both willing to work together to improve the health and happiness of the child;
  • the children wish to spend time with both parents.

Property division

According to state law, when a spouse in Indiana divorces, the court will divide property equitably, which means fairly, not necessarily equally. The spouses can agree on how to divide the property on their own, without involving a court. It speeds up the divorce process and makes it smoother.

Factors that can affect the division of property include:

  • contribution to the acquisition of said family property;
  • property value;
  • duration of the marriage;
  • the current age, mental, physical, and emotional well-being of the spouses;
  • any wedding or prenuptial agreement;
  • the general financial situation of the spouses;
  • conditions of custody of children;

If the family property is not sufficient, the Indiana court may order money to be awarded to either spouse as compensation.

Spousal support

When filling out the documents, it is worth considering the possibility of maintenance. Spousal support, also known as alimony, can be given to a spouse who is:

  • mentally or physically incapable of supporting oneself;
  • does not have enough property to support them and their child;
  • a spouse needs to move to get a job.

Also, temporary spousal support can be awarded for three years depending on the following factors:

  • the time or expense required to find a suitable job with an educational opportunity;
  • the level of education of the spouse;
  • the spouse sacrificed education or employment opportunities during the marriage as a result of household or childcare responsibilities.

Final Words

Getting a divorce online makes life much easier for spouses. You can go at your own pace, complete everything from home, and be sure that it will be done right. Additionally, the cost of such services is much cheaper than using an attorney.