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: Sam Hasler's Indiana Divorce & Family Law Blog

How to file for divorce

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Assuming you have decided to handle your own uncontested divorce, what do you do after you have prepared your paperwork?

Go to your local courthouse with all the papers (and these depend on if you have children or not) and locate the Clerks Office. At the Clerk's Office, tell them you wish to file a Dissolution of Marriage. You will need to pay the filing fee with cash or a money order payable to the Clerk of Delaware County. (It would be a good idea to call the Clerk's office to find out what is the current cost of filing fee - the Indiana General Assembly keeps changing them).

A Deputy Clerk will give you a case number. You will need to add this number to all of your forms . Make sure you have enough copies for the court with a spare for yourself:

  1. 5 copies of the Petition for Dissolution of Marriage,

  2. 5 copies of the Appearance Forms,

  3. 5 copies of the Waiver of Service of Summons.

All these forms need stamped with the Clerks the stamp. The Deputy Clerk will give you a receipt for the filing fee.

Nothing else needs filed until 60 days after your filing date. Then you will need to file the following:

  • Original and three copies of the Property Settlement Agreement;

  • Original and three copies of the Waiver of Final Hearing; and

  • Original and three copies of the Summary Dissolution Decree.

If you have children of the marriage, you will also need the following:

  • An Income Withholding Order;

  • Child Support Worksheet; and

  • Child Support Set Up Card.

Be sure that the mailing addresses shown on the orders/Decrees are still accurate. You should receive signed copies of the papers in the mail within a few days. If you don't, contact the Court to check the status.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on June 15, 2008 (boomark / email).

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