When a party determines that a marriage has been irretrievably broken, there are often several questions about how the process gets started-essentially the who, what, when, and where. These details often depend on the circumstances of the parties, but there is general information regarding filing for divorce that can help a person filing better understand the process.
Who?
Either party can file for divorce. Indiana is a no-fault state, so one party does not have to show the other party acted badly (ex. had an affair). The party filing must allege an irretrievable breakdown of the marriage (the most common) or other reasoning per the statute1.
What?
There are several pieces of information that must be included in the petition. These will not be exhaustively listed here, but include the jurisdiction of the Court over the parties, the reasoning for the dissolution, whether the wife is pregnant, and if either party is in the military.
When?
Determining when to file for dissolution is often a decision that each person needs to make. It may depend on several factors, and discussing with an attorney can be helpful to find the right time. There is a sixty (60) day cooling off period from the time of filing before a divorce will be granted by the Court2.
Where?
Under Indiana law, to file a petition for dissolution, the person must have resided in the state of Indiana for at least six (6) months and the county where they are filing for at least three (3) months. There can be some exceptions, but this is the general jurisdictional requirement.
We hope that this post has been helpful in exploring some basics of dissolution filings. Seeking the assistance and advice of an attorney can help you navigate this process and make decisions moving forward. This blog is not intended as legal advice. Dixon & Moseley, P.C. practices throughout the state of Indiana. This blog post was written by attorney, Jessica Keyes.
