Our 3StepDivorceTM Online Divorce for Indiana is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Indiana courts to finalize your divorce.
In the event that the documents provided are not accepted by the Indiana court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
Indiana Residency Requirements
At the time of the filing of a petition, at least one (1) of the parties must have been: (1) A resident of Indiana; or (2) Stationed at a United States Military installation within Indiana; for six (6) Months immediately preceding the filing of the petition. At the time of the filing of a petition, at least one (1) of the parties must have been: (1) A resident of the county; or (2) Stationed at a United States Military installation within the county; where the petition is filed for three (3) months immediately preceding the filing of the petition. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Indiana Code - Title 31 - Article 15 - Chapters: 2-6)
Indiana Divorce Grounds:
(1) Irretrievable breakdown of the marriage. (Indiana Code - Title 31 - Article 15 - Chapters: 2-3)
Indiana Property and Debt Division
The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable: (1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing. (2) The extent to which the property was acquired by each spouse: (A) before the marriage; or (B) through inheritance or gift. (3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children. (4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property. (5) The earnings or earning ability of the parties as related to: (A) a final division of property; and (B) a final determination of the property rights of the parties. (Indiana Code - Title 31 - Article 15 - Chapters: 7)
Indiana Spousal Support, Maintenance, or Alimony:
When the spouses can not agree on the amount of maintenance to be paid or not paid, the court may make the following findings concerning maintenance and order it as it deems to be appropriate: (1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court. (2) If the court finds that: (A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and (B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate. (3) After considering: (A) the educational level of each spouse at the time of marriage and at the time the action is commenced; (B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both; (C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and (D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment; a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree. (Indiana Code - Title 31 - Article 15 - Chapters: 7)
Indiana Custody and Visitation:
The court shall determine custody in accordance with the best interests of the child. In determining the child's best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following: (1) The age and sex of the child. (2) The wishes of the child's parents. (3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age. (4) The interaction and interrelationship of the child with: (A) the child's parents; (B) the child's siblings; and (C) any other person who may significantly affect the child's best interest. (5) The child's adjustment to home, school, and community. (6) The mental and physical health of all individuals involved. (7) Evidence of a pattern of domestic or family violence by either parent. (8) Evidence that the child has been cared for by a de facto custodian. (Indiana Code - Title 31 - Article 15 - Chapters: 17-2-8, 17-2-8.5 and 17-2-15)
Indiana Child Support:
In an action for dissolution of marriage, legal separation, or child support, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including: (1) The financial resources of the custodial parent; (2) The standard of living the child would have enjoyed if: (A) the marriage had not been dissolved; or (B) the separation had not been ordered; (3) The physical or mental condition of the child and the child's educational needs; and (4) The financial resources and needs of the noncustodial parent. The court shall order a custodial parent or third party who receives child support to obtain an account at a financial institution unless: (1) The custodial parent or third party files a written objection before a child support order is issued; and (2) The court finds that good cause exists to exempt the custodial parent or third party from the account requirement. (Indiana Code - Title 31 - Article 15 - Chapters: 6)
How Do I Know if I Should File in Indiana?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Indiana Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Indiana?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Indiana?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Indiana?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Indiana Forms: Our question and answer technology will allow you to easily complete your Indiana divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Indiana Divorce Forms List
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A total of 95 people have started their divorce through 3StepDivorceTM in the last 24 hours and 919 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)"
solution for any uncontested divorce (with or without children) that
will be filed in the state of Indiana. An uncontested divorce is one in
which you and your spouse are in agreement and eliminates the stress and
expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your Indiana divorce forms (including a marital settlement agreement) instantly. Follow our step-by-step filing procedures to file for divorce in Indiana in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement or learn more about the basics of divorce in Indiana and how to do your own divorce in Indiana . Also, If you have any questions try visiting our Indiana Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in Indiana.
Indiana 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, Indiana 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
Indiana has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason (“grounds”) for ending your marriage.
Before you can file for divorce in Indiana, at least one spouse must have been:
(Ind. Code § 31-15-2-6 (2022).)
Indiana allows both “no-fault” and “fault-based” divorces. A no-fault divorce is one in which the court doesn’t require either spouse to prove that the other committed the bad act that caused the marriage to end. In a fault-based divorce, one or both of the spouses must show that the other’s actions caused the marriage to fail.
To get a no-fault divorce in Indiana, the filing spouse must state in the complaint that there has been an “irretrievable breakdown” of the marriage. (Ind. Code § 31-15-2-3(1) (2022).) As long as there is no reasonable possibility that the spouses will reconcile, the court will grant the divorce.
A fault-based divorce in Indiana is based on a claim that your marriage is ending because your spouse was convicted of a felony, was impotent at the time of marriage, or is incurably insane. (Ind. Code § 31-15-2-3 (2022).)
Fault-based divorces are almost always more expensive and lengthy, because the spouse accused of misconduct is sure to fight the allegations. That’s why most Indiana couples who are getting divorced choose no-fault divorce based on the irretrievable breakdown of the marriage–and why Indiana 3StepDivorce™ currently provides services only for couples who are getting divorced on that ground.
Many Indiana residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they’re filing for an “uncontested divorce” in the state. That means that they’ve agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use Indiana 3StepDivorce™ as long as you have an uncontested divorce (called a divorce “with agreement” in Indiana) and meet the state’s residency requirement. You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. Indiana 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
Indiana 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use Indiana 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use Indiana 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. Indiana 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with Indiana 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, that means the child must have lived in Indiana with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). (Ind. Code § 31-21-5-1 (2022).) If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule.
In Indiana, both parents have an obligation to support their children. And like all states, Indiana has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the Indiana Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is in your children’s best interests.
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in Indiana is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. As a general rule, you’ll need to submit your agreement to a judge or child support agency.
Indiana Legal Help provides the instructions and forms for:
You can also learn more about child support in Indiana on the Indiana Department of Child Services’ website.
When you fill out your questionnaire for Indiana 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your Indiana 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your Indiana divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with Indiana 3StepDivorce™, your next step will be to make three copies of each document and file them with the court clerk in the county where you are filing for divorce. (One spouse must currently live in the county and have lived there for at least three months.)
As of 2022, the filing fee for a civil case (such as a divorce) is $157. Your cost might be different if you pay to have the divorce papers served on your spouse or if the clerk of the court assesses other fees. Contact the clerk in the county where you will file your divorce to find out the current filing fee.
If you can’t afford to pay the filing fees, you can ask the judge to waive the fees. You can request a waiver by filing a Verified Motion for Fee Waiver (make sure you use the fee waiver form for family law cases). If the court grants your request to waive fees, you won’t have to pay any court costs–such as filing fees or fees for issuance of service of process–during your divorce.
Indiana courts can’t schedule a hearing on your divorce with agreement until at least 60 days have passed from the time you file your petition. (Ind. Code § 31-15-2-10 (2022).)
You can speed up the process a bit by asking the court for a “summary dissolution,” in which you waive the final hearing. To get a summary dissolution, you file the documents for a divorce with agreement, as well as:
The court must wait at least 60 days after the petition is filed to enter the summary dissolution decree. (Ind. Code § 31-15-2-13 (2022).) With a summary dissolution, however, you can avoid having to wait for (and attend) a hearing.
Other than the required 60-day waiting period, the court’s schedule will determine how fast you’ll be able to get your final divorce.
Indiana 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Indiana Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Indiana law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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