How to Get a Copy of Your Divorce Decree in Indiana
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- What is a divorce decree?
- Where can I get a copy of my Indiana divorce decree?
- When will I need a copy of my divorce decree?
- Can you appeal a divorce decree in Indiana?
- How long does it take to get a divorce decree in Indiana?
- How much does a divorce decree cost in Indiana?
- References
Once you’re divorced, make sure you get a copy of your divorce decree and keep it in a safe place. This is a document that finalizes a divorce and establishes its parameters.
A divorce decree can’t be obtained online, but it should be fairly easy to get if you contact the county clerk’s office in the county where you got your divorce. Divorce decrees are in some ways similar to divorce certificates, but they are significantly more detailed.
What is a divorce decree?
A divorce decree is a legally binding court order. You can think of it as the document that formally ends your marriage. Also called a divorce judgment, a physical copy of your divorce decree can be a useful tool for proving you are divorced.
While this document shares some similarities with a divorce certificate, it has more details regarding your divorce. A divorce decree will have the terms of the divorce written out, showing what you and the other party’s legal obligations are. Details may include information on child custody arrangements, visitation schedules, marital property and division of assets, spousal support payments, and child support payments.
Where can I get a copy of my Indiana divorce decree?
Marriage or divorce records, including divorce decrees, can’t be obtained online (although information about dates of marriage and divorce sometimes can be). The Indiana Judicial branch recommends contacting the county clerk’s office in the county where you got your divorce if you want a copy of your divorce decree.
This should typically be a straightforward process, with the relevant contact information for the county clerk available in this document. Note that you need the information of the county in which you got divorced, not the county in which you currently live (assuming they are different).
When will I need a copy of my divorce decree?
There are a few situations in which you may need your divorce decree to prove that you are divorced and to show the details of that divorce. In some cases, a divorce certificate may also suffice. Some common examples of when a divorce decree may be necessary include when retaking your maiden name, refinancing a home, or remarrying.
Having a copy of your divorce decree is also just generally a good practice. Assuming you don’t appeal or otherwise find a way to have the details adjusted, your divorce decree will note the terms of your divorce, listing out your legal obligations. In a similar way to how one should always keep a copy of contracts they sign, this document can be used as a helpful reference anytime there is confusion or a question about the specifics of the divorce.
Can you appeal a divorce decree in Indiana?
It is sometimes possible to appeal a divorce decree in Indiana, but the potential for success depends on the specifics of your case. As a general rule, the courts try to closely follow procedures and generate judgments that align with the applicable rules and regulations.
You may not like the result of your divorce trial, but that isn’t enough to appeal the decree. Generally, there must be a problem with the way the case was handled. If you believe there was a problem or are unsure, talk to a legal professional, as appeals cases can get complicated.
You should also act swiftly. In Indiana, you generally have 30 days to begin the appeal process. If you wait too long, you may be unable to appeal, even if you otherwise have a strong case.
How long does it take to get a divorce decree in Indiana?
Indiana has a mandatory 60-day waiting period from the time one files for divorce until the divorce can be finalized. This is true even in uncontested divorces, where the parties quickly agree on the terms of their divorce and skip the often lengthy hearings and trial process.
This is the minimum waiting period to get a divorce decree. Many factors could cause a much longer timeline, such as if the courts are very busy or the specifics of your case are complicated and require many issues to be resolved.
How much does a divorce decree cost in Indiana?
The cost for a copy of your divorce decree should be relatively low. Most counties charge associated fees, such as a certification fee and a per-page copy fee. Most often, the total charge for a copy is roughly between $15 and $50.
To get a divorce decree, you need to first go through the process of divorce, and this can be expensive. According to USA Today, the average cost of an Indiana divorce is $11,400, making it the 17th lowest of all states in the country. Cases that involve children can cost significantly more, as children can greatly increase the complexity of a case. Cases that don’t need to go to trial, where both parties can agree to the terms of their divorce either on their own or through a process such as mediation, can cost thousands of dollars less.
If the parties can avoid the use of lawyers, which is often possible when getting an uncontested divorce, they may only need to pay filing fees. These can vary in cost, but they typically won’t exceed $200. Even if you and your ex don’t agree on certain points, you may be able to resolve these issues in mediation, lowering your overall divorce bill significantly compared to if you were to go to court.
At Hello Divorce, we offer online divorce plans, mediation via Zoom or phone, attorney advice sessions, and a host of other services. Schedule a free 15-minute phone call to hear about our offerings and talk to someone about your situation.
References
How to Request Public Records. Indiana Judicial Branch.Directory of Courts & Clerks in Indiana. Indiana Judicial Branch.
Rules of Appellate Procedure. Indiana Judicial Branch.
Understanding the Divorce Timeline in Indiana. Indiana Legal Forms.
Divorce Rate: These 50 Cities Have the Highest and Lowest Divorce Rates Across the US. (May 2020). USA Today.
How Do I Obtain a Copy of My Marriage/Divorce Certificate? Indiana State Information Center.