Indiana Marital Settlement (Divorce) Agreement Form [PDF]

The Indiana marital settlement agreement form is a legal document created to help married couples get through the divorce process without the assistance of a divorce attorney. This arrangement covers issues like child support, alimony, and property distribution.

Married couples can use a marital settlement agreement template and customize it to specify in writing all the terms and obligations they agreed upon. In cases where spouses have agreed on every issue, they will start the uncontested divorce process.

Divorce Forms

The divorce forms are filed with the local clerk’s office, and the filing fee is around $160. The waiting period is 60 days.

Divorce Laws and Legal Requirements in Indiana

The divorce laws and legal requirements in Indiana provide crucial information about what to expect and how to prepare for the divorce process.

Divorce Laws and Legal Requirements

Alimony: Section 31-15-7-2 of the Indiana Code states that in Indiana, alimony may be granted indefinitely by the court if: - A spouse is incapable of providing for themselves due to physical or mental limitations. - A spouse is a caretaker for a child with special needs and requires constant attention. - A spouse does not own enough property to meet basic needs.
Child support: Section 31-16-6-1 of the Indiana Code provides a list of factors considered when determining child support. For example, a parent's finances, a child's standard of living, or their health.
Division of property: Section 31-15-7-5 of the Indiana Code states that the court will divide the property equally between spouses unless evidence is presented stating that equal division is not fair. When deciding how to divide property, the court also looks at the spouse's income and potential earnings.
Grounds for divorce: According to Section 31-15-2-3 of the Indiana Code, valid reasons for divorce are: - Irretrievable marriage breakdown - Conviction of a felony - Impotence - Incurable insanity for a period of at least two years
Interim support: Section 31-15-4-1 of the Indiana Code states that a spouse can ask for temporary financial support at any time during the divorce process.
Residency: Section 31-15-2-6 of the Indiana Code states that one spouse must be resident of Indiana for at least 6 months before filing for divorce, and one spouse needs to be resident of the county where divorce is filed for at least 3 months.

How to File For a Divorce in Indiana in 9 Steps

There are nine steps involved in filing for divorce that a couple must take to begin the divorce process in Indiana.

#1. Fill out the Divorce Form

First, couples should get the divorce documents from the Indiana court website or their state’s circuit court. Next, carefully read the instructions and write the name, address, and phone number of both spouses.

There are two divorce forms:

Uncontested Divorce (without children) - Instructions
Uncontested Divorce (with children) - Instructions

If a couple has minor children, then information about the children should be provided. Additionally, the petitioner can make a request in the document for the court to divide marital property.

#2. Complete Child Support Obligation Worksheet

A Child Support Obligation Worksheet needs to be completed and submitted with the divorce papers if spouses have minor children. This worksheet should include information about children, spouses' income, and support obligations.

Additionally, the employer of the spouse responsible for the child support payments will receive an “Income Withhold Order.” Depending on the rules of the court, the judge may need to sign this order and include it in the petition.

#3. File the Forms With the Court

The spouse must file the divorce documents with the court clerk in the county where they have resided for a minimum of 3 months. Two envelopes, one with the petitioner's address and one with the defendant's address, must be stamped and submitted to the clerk.

The filing fee must be paid, and if the petitioner is unable to do so due to financial problems, he must ask the clerk for a waiver of filing fees. After receiving the documents and filing fee, the clerk will stamp the documents and give them back to the petitioner.

#4. Serve the Forms to the Spouse

The petitioner should first consult the court clerk for information regarding the proper procedure before serving the divorce documents.

The defendant must sign an "Acceptance of Service" in front of a notary public and submit it to the court as proof that they have received divorce papers when serving papers by mail or hand delivery.

The petitioner may hire a process server to serve the divorce papers to the defendant. Another way is to have papers served by the sheriff. For a small fee, the sheriff will serve the papers and provide service by sheriff notification to the petitioner.

#5. Provide Financial Disclosures

Financial disclosure involves providing detailed information about a spouse's financial situation during divorce proceedings. Each spouse must prepare a list of assets, sources of income, and obligations and provide it to the other spouse for review.

Making sure that the disclosure is as precise and detailed as possible is very important. Any attempt to hide money or assets may involve serious legal repercussions, including jail time.

Financial disclosure helps the court make fair decisions regarding the division of assets, alimony, or child support.

#6. Draft the Settlement Agreement

The divorce settlement agreement is the result of negotiations between spouses regarding divorce matters. A settlement agreement covers matters like alimony, a parenting plan, or child custody. This document is important in establishing an uncontested divorce process.

In cases where spouses cannot reach an agreement on all matters, the contested divorce process starts. In this process, the court is responsible for making decisions on matters like the division of assets and child support.

#7. Waiver of Final Hearing

The divorce will not become final until at least 60 days have passed since the first divorce documents were filed. If spouses have signed a divorce settlement agreement and the defendant agrees to statements from the divorce complaint, then the hearing is not needed.

Therefore, after 60 days, the spouses should fill out a verified “Waiver of Final Hearing.” The purpose of this document is to inform the court that the spouse reached an agreement on all matters relevant to the divorce process and wishes to waive the right to a hearing.

Both spouses should sign the waiver before filing it with the court clerk.

#8. Finalize Divorce

To finalize the divorce, the spouses should first agree on divorce terms and wait 60 days. After that, the judge in charge of the case will complete the settlement agreement and decree of dissolution of marriage. The decree includes terms set in the settlement agreement.

The divorce will then be finalized, and the couple should sign the decree in the presence of the notary public.

#9. Change Name

A name change can be made independently or as part of the divorce procedure. The divorce petition should contain a request for a name change that specifies the name the spouse wants to use in the future.

The divorce decree, once finalized, can serve as legal proof when changing names. A new name must be added to all identity documents. This covers a passport, identity card, driver’s license, and social security card.

Notifying relevant institutions of the name change is also important.