Indiana is one of many states in the United States, which at the legislative level provides for many factors regarding living together, as well as options for the most comfortable conduct of the divorce process for both spouses. Therefore, if the continuation of living together is no longer possible, each spouse can expect on an adequate and fair resolution of all issues related to the termination of cohabitation, as well as respect for their rights.
Basic Provisions for Divorcement
The state of Indiana provides for two types of applications for divorce. The choice of one of it significantly affects the course of the divorce process.
The first option is a divorce by agreement of both spouses. Such variant dramatically simplifies the process of the divorcement. If the spouses have no claims against each other, then they can get a favorable decision of the judge about the divorce as soon as possible and at no extra cost.
The second type of development of the divorce process is a disputed divorce. Making a divorce in case of disagreement of the parties is much more complicated and costlier both in a monetary resource and in a time resource. During the contested divorce proceedings, the fault of one of the spouses may be proved, which entails substantial restrictions on the part of Indiana’s law in favor of the innocent party.
Indiana divorce laws provide for the possibility of divorce proceedings by the courts only for residents of the state. In a district court in any county of Indiana, only persons residing in the country for at least six months before going to court have the right to file a lawsuit for the commencement of the divorce proceedings. Also, the spouse applying for a divorce must be a resident of the district where applies at least three months before the start of the divorce proceedings.
The Financial Component of the Divorce Process
As with any service, the laws of the state of Indiana set a permanent state duty which must be paid for processing data and registering an application for divorce. The cost may be different, which depends only on the district in which the spouses live. However, the amount of payment of state duty does not go beyond 130-150 dollars. Payment of state duty is made directly at the office of the court. Indiana’s law on divorce provides for the possibility of waiving payment of state duty.
If one of the spouses is not able to pay the court fee, he or she has the right to fill in the application form, which the court will take into consideration and, as a result, will make its decision. This decision can be of two types: the court either approves the complete withdrawal of the obligation to pay the fee, or the spouse will have to pay only a part of the fixed amount.
The additional costs of the divorce proceedings include the factor of the availability of assistance from a lawyer. If legal aid from the hired attorney may not be necessary for carrying out an uncontested divorce, then the presence of a lawyer is required in case of a disputed divorce. Since the contested divorce proceedings are somewhat tricky from a legal point of view because each spouse defends his/her position, and not always the person not connected with jurisprudence can find the right legal basis for the court to take his/her side and his/her truth.
Payment of a lawyer depends on the level and popularity of the attorney. Considering also that the amount of a lawyer depends on the time spent at work on the case, a lengthy legal proceeding can cost the spouses quite a lot of money. If the spouses cannot pay a lawyer, Indiana’s divorce laws provide for the possibility of free legal entity support in the divorce process.
The minimum time limit for a divorce case is 60 days from the date of applying. Further, the timing will depend on the factors that the spouses themselves establish. These factors include disagreement between parties, the imposition of charges against the other spouse, as well as the search for evidence of the guilt of one of the spouses.
The Principles the Division of Common Property
Several factors affect the court’s decision in case of dividing the common property between spouses. One of the main factors is the guilt of the spouse in case of a disputed divorce. The court decides from the presented evidence, the testimony of witnesses, as well as by monitoring the behavior of the guilty spouse. If the divorce process is without indictment, then the property will be divided half-and-half, according to state divorce laws. The percentage of ownership of the property may also depend on the award of custody of joint children or the physical condition of one of the spouses.
Guardianship. Who Is Rightfully Worthy to Be the Trustee
The judicial system of Indiana based on state laws is guided by the rule of maximum comfort for the child. Based on this, the award of guardianship is determined after analyzing the relationship of each parent with the child, and at the head of the definition of links in the first place is the child’s affection to one of the parents. It is also essential to be able to provide financial stability for the maintenance of the child, the possibility of offering the most comfortable conditions for the life of the child, as well as the methods of his upbringing.
The judicial procedure also establishes the possibility of visiting a child by a parent who hasn’t receive custody. The terms of the visit can be negotiated between the spouses personally, as well as established directly by the court without taking into account the wishes of the spouses. In such a case court’s decision will depend on the relationship between the parent and the child.
A parent who is not the child’s guardian will be required to pay child support at the end of the divorce proceedings. The determination of the amount of alimony is made by the court and depends on several factors. The main factor is the income of the parent. The court establishes a certain percentage that will be deducted from the parent’s wages. The former spouse will have to transfer this amount to the guardian’s account, or the child’s mind, that will be at the disposal of the guardian until the child adulthood.
If the parent does not have a job, the amount of the alimony will be determined as a percentage of the minimum salary in the state, which will be valid at the time of the divorce.
Regardless of the circumstances, the laws of the state of Indiana are directed to ensure that the rights of each of the participants in the divorce proceedings are respected. Based on the preceding, it is clear that the process of the divorce will depend on the understanding between the spouses and the possibility of compromise.
In any case, it is important to remember that life is not over yet, and after each difficult period, something bright and warm comes as spring comes after winter. Therefore, take care and keep your dignity and nerves!