Fill and Sign the Control Number in 008 D Form

- 1 - Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF INDIANA DISSOLUTION OF MARRIAGE PACKAGE NO CHILDREN With or Without Property Control Number IN- 008-D This packet contains the following: 1. Information about Dissolution of Marriage 2. Form List 3. Form Explanations 4. Instructions and Steps 5. Checklist 6. Access to Law Summary You and your spouse must agree to all terms of the dissolution to use this packet. All forms to be filed with the Clerk must be printed on bond paper. - 2 - INFORMATION ABOUT DISSOLUTION OF MARRIAGE 1. WHO CAN USE THESE FORMS: You may use these forms only when all of the following facts are true; (a) You have lived in Indiana for at least the past six months and in your current county for at least the past three months; (b) There are no children of the marriage (no biological or adopted children with your spouse); (c) You are not currently pregnant with your spouse’s child, or your spouse is not pregnant with your child; 2. THE BASICS: In a typical dissolution of marriage proceeding, there are basic two requirements that must be met before you can file for dissolution. Those requirements are below: (a) You must satisfy th e residency requirements. You or your spouse must have resided in Indiana for at least six months immediately preceding the filing of the petition and at least one of the parties must have resided in the county of filing for at least three months immediately prior to the filing of the action. (b) Your marriage must have suffered an irretrievable breakdown with no reasonable likelihood of reconciliation. 3. RESIDENCY REQUIREMENTS: At least one of the parties must have been a resident of Indiana for at least six months prior to the filing of the petition for dissoluti on of marriage and a resident of the county where the petition is filed for three months immediately prior to the filing of the petition. 4. GROUNDS FOR DISSOLUTION OF MARRIAGE: The State of Indiana permits judgments of dissolution of marriage to be granted upon the following grounds: a. Irretrievable breakdown of the marriage; b. Conviction of a felony by either party; c. Impotence which existed at the time of the marriage; d. Incurable insanity of either party for a period of at least two years. This package is based upon the irretrievable breakdown of the marriage. - 3 - 5. LEGAL SEPARATION: The court may issue a decree of legal separation for a period not to exceed one year if the court finds that the present circumstances of the marriage make it intolerable for both parties to live together; the marriage should be maintai ned; and neither party has filed a petition for dissolution of marriage. This package does not contain forms for a legal separation. 6. WAITING PERIOD: At least sixty days must elapse between the date of the filing of the petition for dissolution of marriage and the entrance of a summary dissolution decree. A hearing is not required if there has been filed with the court verified pleadings, signe d by both parties, containing: (a) A written waiver of final hearing; and (b) Either: (A) a statement that there are no contested issues in the action; or (B) a written agreement that settles any contested issues between the parties. 7. ALIMONY/SUPPORT : Since this is an agreed upon dissolution of marriage proceeding, you and your spouse will decide issues of alimony. The forms assume that no alimony will be paid and is waived but you may add provisions for alimony if you desire. In a contested case, the courts may award alimony f the court finds that a spouse lac ks sufficient property to provide for his or her needs and is the custodian of a child whose condition requires that the spouse forego employment, the court will order support for that spouse in an amount and for a term that the court deems appropriate. Factors the court will consider in determining the amount and term of an award of alimony include: (a). The educational level of each spouse at the time of marriage and at the time the action for dissolution is commenced; (b) Whether an interruption of education, training, or employment of a spouse occurred because of homemaking or childcare responsibilities; (c) The earning capacity of each spouse; (d) The time and expense necessary to acquire sufficient education or training to enable the spouse seeking alimony to find appropriate employment. In no case will the court order alimony for a period in excess of three years. 8. DISTRIBUTION OF PROPERTY: Since this is an agreed upon dissolution of marriage proceeding, the parties will agreed to property distributions. Indiana is an equitable distribution state, which means that in a contested case, the court wi ll divide all of the property of the parties, whether jointly or separately owned, as it deems reasonable and just. A rebuttable presumption exists that the property should be divided equally - 4 - between the parties, although this presumption may be rebutted after consideration of the following factors: (a) The contribution of each spouse to the acquisition of the property; (b) The extent to which the property was acquired before the marriage or through inheritance or gift; (c) The economic circumstances of the parties; (d) The conduct of the parties during the marriage as it relates to the disposition or dissipation of their property; (e) The earnings or earning ability of the parties as it relates to a final division of property and determination of property rights of the parties. 9. NAME CHANGE: A woman who desires the restoration of her maiden or former name must set out the name she desires to be restored to in the petition for dissolution. For more information, see the Indiana Dissolution of Marriage Law Summary. - 5 - FORMS LIST The forms included in this package are: 1. Appearance (IN-801D) 2. Summons (IN-811D) 3. Verified Petition for Dissolution of Marriage (IN-802D) 4. Verified Waiver of Final Hearing (IN-819D) 5. Decree of Dissolution of Marriage and Settlement Agreement ( IN-805D) You and your spouse must agree to all terms of the dissolution of marriage to use this packet. - 6 - FORM EXPLANATIONS All forms included in this package are identified below. 1. Appearance – This form is used to identify the parties, inform the Court as to the type of case filed, and identifies any other related court cases currently pending before the Court. 2. Summons – This form is used to notify the Respondent that he or she has been sued for Dissolution of Marriage and to inform the Respondent of his or her legal rights. 3. Verified Petition for Dissolution of Marriage - The Verified Petition for Dissolution of Marriage is the document is the document is which you are asking the court to grant the dissolution of marriage along with any other relief requested. 4. Verified Waiver of Final Hearing – Form by which both parties waive the final hearing and request that the Court approve the settlement agreement. 5. Decree of Dissolution of Marriage and Settlement Agreement – This document provides for the final distribution of any assets and debts of the parities, provides for support of any children of the marriage and any other agreements reached between the parties. - 7 - INSTRUCTIONS AND STEPS Note: If a form contains a space for the signature of a Notary Public, it must be signed by you (and if necessary by your spouse) in front of a Notary Public, who must nota rize the document. Prepare an original and several copies of each of your completed document s. Your spouse should have a copy of everything you file, stamped “filed” by the cl erk. You should keep copies and the court must have originals. STEP 1: You should complete the Appearance (IN -801D) , Summons (IN-811D) , Verified Petition for Dissolution of Marriage (IN -802D) , the Settlement Agreement and Decree of Dissolution of Marriage (803D ) and the Verified Waiver of Final Hearing . Once completed, the Petitioner should make three copies of each document and have two self-addressed stamped envelopes and file with the Clerk of Court in the county of filing. In some counties, the Court will prepare the Summons, which is the paper the Court uses to notify your spouse that you have filed for divorce. You may need to provide a physical description or date of birth for the Clerk to issue the Summons. The Clerk will provide the case number and process the forms. The Clerk will stamp the forms with a filing date and will send you a notice of when the provisional hearing will be. You must wait at least sixty (60) days after you file the papers to finish your divorce. STEP 2: Make four copies of the completed and signed Waiver of Final Hearing (IN-819- D) and the Decree of Dissolution of Marriage and Settlement Agreement (803D ). Both parties are required to sign these two forms and both parties should be in agreement with the terms of settlement. Once completed, take the originals and copies of the forms along with a self-addressed stamped envelope (one for you and one for your spouse) to the Clerk of Court. STEP 3: After the required waiting period of sixty (60) days have elapsed from the date of the filing of the Petition (IN-802D) the judge will sign the agreed entry. STEP 6: The Decree of Dissolution of Marriage (IN -805D ) will be signed and entered. The dissolution of marriage is final once signed by the Judge. Notes: When presenting Pleadings to the Clerk make sure you have at least 3 copies for the Clerk. The Clerk will return the copies to you that the Court does not need. This package is a guide and you should complete all forms based upon your situation, making any necessary revisions. - 8 - CHECKLIST The filing party (Petitioner) completes Appearance (IN-801D), Summons (IN - 811D) and Verified Petition for Dissolution of Marriage (IN -802D) . Three copies of each document made and filed with Clerk of Court. Parties jointly complete Waiver of Final Hearing (IN-819-D) and the Decree of Dissolution of Marriage and Settlement Agreement (805D ) and file with Clerk of Court. After sixty (60) day waiting period elapsed, Decree of Dissolution of Marriage ( IN -805D ) signed and entered by Judge. The dissolution of marriage is final when Decree ( IN -805D ) is signed by Judge. - 9 - NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not lim it you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. If you need to make any changes in the body of the form, it is necessar y for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click o n “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . After you make the changes relock the document before you begin to complete the fields. After any required changes and re-protecting the document, click on the first form field and en ter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If you experience problems, please let us know. - 10 - LAW SUMMARY You may access the law summary for your State by using the link below: http://secure.uslegalforms.com/lawsummary/IN/IN-008-D.htm - 11 - DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All Information and Forms are subject to this Dis claimer: All forms in this package are provided without any warranty, express or implied, as to their leg al effect and completeness. Please use at your own risk. If you have a serious leg al problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advi ce. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRE SS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY , NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PRO FITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, I NC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOM E COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES IS NOT UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORN EY. REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INST RUCTIONS, WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE P ROCESS. IF YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED I N YOUR COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE S PECIAL FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN USE AS AN EXAMPLE.