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Indiana Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Indiana. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Indiana, certain forms may or may not be required by the Indiana courts.
The Summons informs the Respondent that the Petitioner has begun an action for dissolution of marriage. It may be accompanied with a Notice to Appear, and it informs the Respondent that if he or she takes no action, the court can grant a dissolution without him or her. It also designates the manner of service; registered/certified mail sent by the clerk of the court; service by the sheriff at the respondent’s addresses or service by the sheriff at his or her place of employment. The summons carries a Sheriff’s Return of Service, Clerk’s Certificate of Mailing and Return of Service by Mail, and one of these is completed, as is appropriate.
The Appearance, filed by the Petitioner, gives the court the particulars of the action, including the names of the parties and their children. An appearance must be filed in all dissolutions.
Verified Petition for Dissolution of Marriage and for Provisional Orders
The Verified Petition for Dissolution of Marriage and for Provisional Orders, establishes the history of the marriage, asks for the desired relief, asks the court to end the marriage, and it may ask for temporary custody and child support, temporary visitation and a temporary division of assets and liability and temporary alimony. Provisional Orders enjoin the parties from dissipating assets and improperly removing children from the state.
Notice of Provisional Hearing
The Notice of Provisional Hearing, filed by the Petitioner, gives the Respondent notice of a provisional hearing at which the parties present their respective positions on such issues as child custody, child support and parenting. At the hearing, the judge issues orders on a temporary basis until the final Decree of Dissolution.
Verified Motion for Fee Waiver and Order on Fee Waiver
A Petitioner who cannot afford the filing fees of a dissolution may file for waiver exempting him or her from payment. The Motion for Fee Waiver and Order on Fee Waiver are normally filed at the same time.
Child Support Obligation Worksheet
The Child Support Obligation Worksheet (CSOW) is used to calculate the amount of child support paid by each parent. The CSOW is normally filed with the Parenting Time Credit Worksheet (PTCW) and may be filed with the Post-Secondary Education Worksheet at the Provisional Hearing. The CSOW, PTCW and Post-Secondary Worksheet are filed by couples with children whether or not they have come to an agreement on the terms and conditions of their dissolution.
The Temporary Order are court orders on disputed issues heard at the provisional hearing.
Verified Waiver of Final Hearing
The Verified Waiver of Final Hearing, which is filed when the couple agree to all the terms and conditions of their dissolution, dispenses with the a final hearing on the dissolution.
Settlement Agreement and Decree of Dissolution of Marriage
The Settlement Agreement, prepared by the couple and filed when they agree on all the terms and conditions of their dissolution, is signed by both parties. The Decree of Dissolution, signed by the judge, ends the marriage.
Motion for Final Hearing and a Notice of Final Hearing
Couples who are not in agreement on all issues also file a Motion for a Final Hearing, which asks the court to set a hearing date, and a Notice of a Final Hearing, which is given the other party.
Decree of Dissolution
The Decree of Dissolution, signed by a judge, ends the marriage.
Courts in Indiana make custody determinations in the best interests of the child. While the court makes no presumption that one parent is better than the other based on gender, it is required to consider certain relevant factors before awarding custody, including the age and gender of the child and the child's and parents' wishes (special consideration is given to the wishes of a child who is 14 years of age or older), parental and family interaction, and the child's home, school and community adjustment. The mental and physical health of both child and parents will be taken into consideration, as well as any evidence that domestic violence occurred in the marriage.
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