DIY Divorce in Indiana

• What is a do-it-yourself (DIY) divorce?
• How much does a DIY divorce cost in Indiana?
• What is the DIY divorce process in Indiana?
• How long does a DIY divorce typically take in Indiana?
• What are the benefits of a DIY divorce?
• FAQ
• References

A DIY divorce can save you time, money, and stress if both you and your ex are willing to negotiate the terms of the divorce and can reach an agreement. The process is fairly straightforward, requiring you to fill out some forms with the other party, which you both then sign and file. Make sure you read any form before you sign it, as your signature will bind you to the agreement.

What is a do-it-yourself (DIY) divorce?

A do-it-yourself (DIY) divorce is the term used to describe a divorce in which exes avoid using lawyers and instead do the research, negotiating, and filing themselves. Legally speaking, a person can take this approach with any divorce. But it’s usually only practical if the other party is willing to discuss the terms of the divorce and settle out of court. 

Filing for divorce in Indiana usually isn’t highly complicated. You just need to get the appropriate forms and file a petition for dissolution of marriage with the appropriate county. 

It’s important to have an honest discussion with your ex and negotiate the details of the divorce, such as how assets will be split and how custody of any children you have will be set. As long as both parties agree to the terms of a divorce, the help of legal experts can often be avoided. 

How much does a DIY divorce cost in Indiana?

The typical DIY divorce in Indiana is likely to cost less than $300 and almost certain to cost less than $1,000. A person will generally just need to pay filing and court fees, as dictated by their county. These fees can vary but aren’t generally too high. For example, at the time of this writing, filing for divorce in Randolph County costs $185. This is much cheaper than the average cost of a divorce in the state, which sits at around $11,400. (A divorce involving children can add to the complexity and, therefore, the cost, of the entire process.)

Why is DIY divorce so much cheaper? Much of the high cost associated with divorce comes from paying an attorney who argues your case in court. By avoiding a court battle and the need for such an expert, you could save thousands of dollars.

What is the DIY divorce process in Indiana?

The basic steps you will need to take when trying to get a DIY divorce in Indiana are as follows.

Reach an agreement with your spouse

The first and arguably most important step of getting a DIY divorce is reaching an agreement on how the divorce ought to be settled with your spouse. This can be a stressful process. Both parties may need to accept certain terms that, while fair, aren’t exactly what they wanted. 

Coming to an agreement in this way requires compromise. But if you can do it, you are far more likely to skip a court battle and save money. Further, you are more likely to get at least some of the things that are most important to you in your divorce settlement.

What if you and your spouse can’t talk calmly and compromise with each other? You may wish to consider divorce mediation, a process where a neutral third party uses conflict-resolution techniques to help you reach an agreement.  This is still far cheaper than going to court with lawyers.

If nothing works and the two of you still cannot agree to the terms of your divorce, you will need to go to court. You cannot force your spouse to agree to terms they refuse to sign. If your case needs to be battled out in court, you will typically want the help of an attorney. 

Suggested: How Mediation Can Make Your Divorce Easier

Draft divorce documents

Next, you will need to print out the appropriate documents and go over them with your ex, formalizing the agreement you negotiated. Thoroughly read any document you sign. Your signature should only be added to a document you understand and accept. 

The specific documents you need in Indiana depend on whether your divorce is with children or without children. Agreements involving children are typically more complex than those without simply because there are more details to be settled.

File the forms with the court

Once all necessary forms are filled out and signed, they must be filed with the appropriate Indiana court. It is usually best practice to call the county clerk’s office of the county where you were married and ask about the best way to file. 

In Indiana, you may have the option of filing in person or electronically. There are typically fees associated with filing, and the specific amount depends on the county in which you file. 

Finalize your divorce decree

Assuming there are no issues with your forms, the court will approve them, and a date will be set to finalize the divorce. The parties may be required to appear in court. 

Even if a court appearance is optional, you may want to appear just to make sure your interests are represented and that you fully understand the divorce decree that is issued. 

How long does a DIY divorce typically take in Indiana?

A DIY divorce is a relatively fast process, with petitions for divorce heard by a court after a minimum of 60 days after filing. Because a DIY divorce isn’t a legal battle – both parties agree to the terms of the divorce – it’s unlikely to take much longer than this. In most cases, little actual time must be invested in the process once the forms are filled out.

Meanwhile, a divorce court battle can take much longer as the parties argue over details and attempt to make their case before a judge. Complex cases can take months, or even years, to resolve.

What are the benefits of a DIY divorce?

These are the primary benefits of a DIY divorce in Indiana.

Cost savings

The reason most people get a DIY divorce is to reduce costs. If the other party is willing to negotiate, a DIY divorce can save a person upwards of $10,000. 

Shortened timeline

A DIY divorce reduces the amount of time you spend engaging in the divorce process. This can be especially important if a person has time-sensitive matters connected to the divorce that must be resolved. A longer divorce timeline generally translates to more stress. 

More control

There’s an argument that a DIY divorce allows a person more control over the divorce process. While a legal professional is ethically obligated to represent your interests, they’re still another person with their own unique biases. 

When representing yourself, you know exactly what you want out of your divorce. You don’t have to explain it to another person (your lawyer) who must then attempt to get the desired outcome for you. 

Indiana DIY divorce FAQ

What are the benefits of a DIY divorce versus hiring a lawyer?

When both parties can reach an agreement, they can save time and money with a DIY divorce. It’s also likely to be less stressful for all involved. 

You can discuss the terms of your divorce directly and come to an agreement you both accept. This is usually much more appealing than fighting for particular details in court.

In general, a DIY divorce is smoother, takes less time, and costs significantly less than a traditional divorce. 

How long does a divorce take in Indiana?

Indiana has a minimum waiting period of 60 days after filing before a divorce case can be heard by the court. If the courts are busy, you may need to wait longer. 

If you’ve already reached an agreement with your spouse, the divorce is unlikely to take much longer than this. Divorce battles, however, can take weeks, months, or years longer.

Where can I obtain a copy of my Indiana divorce decree?

If you want a copy of your divorce decree in Indiana, contact the county clerk’s office in the county where you got your divorce. Divorce decrees aren’t available online, and there may be a fee associated with getting a copy.

Do my spouse and I have to live apart for a certain period before our divorce will be granted?

No. There isn’t a legal requirement that a couple be separated before getting a divorce in Indiana. 

As a wife who is getting divorced in Indiana, what am I entitled to?

In theory, neither a wife nor a husband should be favored in the divorce process under Indiana law. Assuming there are no unusual circumstances, such as one party intentionally wasting the couple’s resources upon realizing a divorce is coming, the court’s goal is typically to make sure marital property is split equitably. This doesn’t necessarily mean an even split, but the goal is a fair split. 

How do I find the proper divorce papers in Indiana?

Indiana divorce papers are available online. You can find forms through Indiana Legal Help, a program of the Indiana Bar Foundation that is designed to make it easier for Indiana residents to understand the legal process. You can also consult a mediation or divorce assistance service, like Hello Divorce, to guide you through the process.

Can I file for divorce online in Indiana?

Yes, e-filing is typically an option available to people filing for divorce in Indiana. 

References