Having decided on divorce, the spouse who initiated this challenging decision faces not only psychological but also merely procedural problems. The implementation of the process of divorce frightens many spouses with its complexity and the need to collect a large number of documents and files. Many spouses do not know exactly what elements and forms are needed for the divorce in the registry office or court.
Their volume shocks only inexperienced spouses who have never before encountered the procedure of state registration. We will not claim that divorce is an uncomplicated matter. But at the same time, we will try to tell you to step by step what documents for the divorce proceeding will be required in one way or another if it is not possible to save the family and you are determined to break the marriage bond.
Family law, depending on the composition of the family and the relationships that prevail in it on the eve of the separation, allows two options to register this disturbing event:
The first option refers to the administrative proceedings, which is characterized by a simplified procedure and, as a consequence, the need to provide a smaller package of documents to obtain a certificate of divorce.
The judicial procedure, even if the magistrate is considering the case, requires the provision of more information, since it affects a more significant amount of legal relations that had time to arise during the marriage between the spouses.
But even in this case, if neither spouse intends to involve a professional lawyer in family cases, he can independently handle all documents for obtaining a divorce and defend interests of the spouses in the divorce proceedings.
Only those spouses who decided to terminate the marriage relationship together have the right to initiate the process of divorce in the registry. At the time of the separation, they have no contradictions and disputes over the division of property that they managed to acquire during the years of their marriage, and there are no joint (adopted) minor children.
This is what allows you to quickly and painlessly register the fact of termination of family relations.
The procedure begins with the filing of documents for the divorce process – an application to the registry office, located at the place of residence (registration) of one of the spouses. The form of such a statement is official and does not require an indication of the reasons for the divorce. It has the name “Form No. 8” (Resolution of the Government of Indiana state) and is provided free of charge upon application.
The grounds for divorce in court are much more extensive than we can imagine. The process itself is much longer in time and require direct participation in court hearings of at least one spouse (claimant) who initiated the divorce. This is associated with a significant investment of time and psychological stress, which can adversely affect health.
However, the law provides that it is mandatory to dissolve marriages only through the court:
In cases of requesting alimony for the maintenance of children or a pregnant spouse (in some cases – for the support of a disabled spouse caring for a child (children) under three years of age or a disabled spouse.
By these circumstances, documents for divorce through the court, which the spouses are obliged to provide, differ from those offered in the administrative procedure for separation through the registry office.
The form of the application has a formalized (standard) form, the sample of which can always be found on the information board of the court in which the statement is written.
The only difficulty for inexperienced spouses is to formulate the reasons for the divorce. They can be very different. The difference of characters takes first place among the reasons. The second is drunkenness or drug addiction of one of the spouses, and adultery holds the third place.
Specifying this reason in the statement of claim for divorce does not affect the intimate aspects of the life of the other spouse and can be directly stated in the report of the application.
Otherwise, the situation with the indication of the cause when it affects the intimate aspects of the marriage or the sphere of sexual preferences of the second spouse.
The law does not require formulating such a reason. Any other neutral can replace it.
However, in the course of the preliminary interview, one of the spouses, to prevent publicity of the reason for divorce, may require a private hearing of the divorce case, without the participation of third parties or witnesses in the process.
It is not obligatory but desirable to include in the claim for divorce claims for the division of property and determine the fate of young children (which parent they will remain with) and also immediately file a petition to collect maintenance from the parent who will live separately from the children.
When in the process of divorce is considered a claim on the division of joint property, it is required to know what documents for the divorce should be collected and submitted to the court. They will confirm the property rights of both or each spouse for a particular property.
If the property was acquired long ago, there might be specific difficulties with the restoration of lost documents.
Usually, the most valuable joint property are real estate objects – an apartment, a residential house, land plots.
Considerable difficulty is proving the acquisition of shares and securities registered on one of the spouses. It will be necessary to extract an extract from the register of shareholders of the joint stock company, and in the case of corporate cash contributions to the charter capital of a limited liability company, an extract from the LLC Charter indicating the shares that fall on each of the participants.
The main thing is that the vehicle was purchased during the marriage and was not purchased by one of the spouses for the donated money, was not received as a personal gift or by will.
It is enough to provide birth certificates and an extract from the house book confirming the fact of the residence of the children together with one of the parents. The situation is different when proving the right of one spouse to maintenance from the other spouse.
A woman in a state of pregnancy can do the most straightforward way at the time of divorce by submitting the document necessary for separation – a certificate from the antenatal clinic or a birth certificate for a child under three years old.
But in the event that the alimony is levied on the second spouse, proof of his disability must be provided (certificates from the medical institution, VTEK), his cash income must be less than the subsistence minimum established for his locality and the disability period is proven (disability) which should occur before the dissolution of the marriage.
After a court decision is made, after ten days to appeal a court decision, each of the spouses receives an extract from the court decision. The decision itself within three days is sent to the registry office at the place of residence (registration) of the spouses. From this moment, their marriage is considered to be dissolved.
To document this fact, you must obtain a certificate of divorce, which is issued in the registry office after paying 650 dollars state fee.
To summarize all the information above, uncontested divorce in Indiana is possible only if both partners are ready to terminate their marriage with no claim and begin their lives from scratch.