Legal Question in Family Law in Indiana
Contemplating Divorce
In filing for divorce, must you file in the state you were married in(illinois) or in the state where you currently reside(indiana) and whats general practice where there are no kids, but own a home, two vehicles(one leased) jointly and have minimal credit debt and both hold full time jobs since marriage?
2 Answers from Attorneys
Re: Contemplating Divorce
File in place of residence (Ind).
General practice is to hire a lawyer to represent one of the parties. If all is agreed upon, the lawyer drafts a settlement agreement that is acceptable, then it is filed with the Court. Assuming there is no need for Protective Orders, no fear of waste of marital assets, and no other issues that are going to cause division, then the Parties can execute a waiver of appearance, and the Court will accept the agreement as filed and grant the divorce. Property is divided according to agreement of the parties.
Note that some courts may require a mediation.
Re: Contemplating Divorce
You file in the state of your residence. Generally speaking the courts presume a 50 50 split of all assets and debts. You should contact an Indiana lawyer to discuss your specifics. Good luck
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