Each person in his life may face such an unpleasant incident, as the breakup of a marriage. Divorce proceedings are quite a difficult period in the life of a married couple, which requires, first of all, high moral costs. This mainly depends on a lot of emotional stress and the presence of the human factor in the legal process. The state of Indiana is one of the most loyal and fair states, the laws of which take into account many factors that may arise.
How Does a Divorce Take Place According to State Laws?
Indiana State laws provide for an equal division of property between spouses. The same method is followed when determining custody of joint children if any in the family. Each spouse has the right to apply for a divorce.
However, in Indiana, there is a special rule that states that the second spouse may apply a counter-claim in case that he is against breaking up a marriage. Filing such a statement is quite a common situation during the divorce process in Indiana. Thus, Indiana’s laws provide for irreconcilable provisions in a couple, and positions where divorce does not begin by mutual consent of the parties.
A disputed divorce lasts longer in time, and also incurs substantial financial costs. With this type of divorce proceedings, it is necessary to appeal to specialists – divorce lawyers. They will help to understand and take the right decision in any problematic and controversial moments that may arise during the case. The duration of such a situation is set depending on the judgment of the court. In the process of conducting the trial, the court considers the general provisions in a pair, interviews witnesses and looking for the exact reasons for the divorce, which become the basis for a decision.
Precisely from the circumstances that led to the disintegration of the couple, the court’s deciding the division of the common property of the spouses, as well as the custody of the joint children. After the court makes a final decision, the marriage is considered dissolved, after which neither of the spouses has the right to challenge the application of divorce. However, Indiana laws do not prohibit divorced spouses from remarriage by mutual consent.
Special Provisions for the Prevention of Spousal Fraud
In Indiana, there is a special rule that makes it possible to legitimately object to a spouse’s statement application about divorce, as we talk earlier. This is because quite often there is the use of provocation of one spouse to another. In this case, such behavior of a spouse who filed for divorce is considered fraud for profit. Let’s find the examples of what the provocation is:
When the spouse gives his permission for love affairs on the side, or any other “not normal” behavior of the person who is married, and then this spouse appeals to the court for a divorce in connection with the misbehavior of the second spouse. In this case, the applying spouse deprives the second spouse of advantages and has an excellent opportunity to leave the spouse without his part of the property;
Approval of any unlawful conduct that may cause a legal divorce. Conditionally agreeing to any action on the part of the spouse, to use it in the future during the trial, is considered fraud and provocation;
Collusion with several persons to expose the spouse on the wrong side also applies to provocative methods and fraud. For example, if a spouse hires a figurehead to commit acts of a sexual nature for using that relationship between the spouse and the cipher as the basis for the divorce process to begin.
Such actions are prohibited by Indiana divorce law, and the guilty spouse will be responsible for that. The Indiana Court of Justice is against forcibly keeping the couples together, but in cases involving provocative methods for divorce, it is judged to the fullest extent of the divorce laws.
The Duration of the Divorce Process
The duration of the divorce process can last quite a long time, ranging from one month to several years. Terms of consideration the case by the court depends on its complexity, as well as many obstacles. Of course, a significant role in this issue is the relationship between the spouses. If they manage to agree and come to a standard solution on all disputed matters, the divorce process will be completed as soon as possible.
To testify that the case is completed and that the marriage is considered officially terminated may be a certificate or decree of divorce, which is filled in by the court.
What Is the Difference in the Such Common Papers of Divorce?
Information that the marriage is officially terminated is contained in two types of documents – the certificate of divorce and the divorce decree. These documents carry the same information in general but are often necessary for different purposes. The declaration of separation is usually provided by the state registry of vital records and statistics, which is part of the department responsible for the health care in the Indiana State. The divorce decree is issued directly by the court in which were conducted the case of divorce of the spouses.
Divorce certificate. This document is a paper confirmation that the couple does not consist officially in any relationship with each other. The certificate contains information about the spouses themselves (first and last names), the date of the divorce, and the address of the court where it happened. This paper can be used for various purposes, for example, to change the name in connection with the conclusion of a new marriage, or to return the maiden name of spouse and restore the old documents with old data. Also, the certificate can be used to confirm the divorce in any government agency where it can be useful.
Divorce Decree. The document contains, in fact, the same information as the divorce certificate but with some additions. The decree is issued directly by the court, which was engaged in the divorce process. It is certified by a signature of the judge and refers to the materials on the case of the divorce of spouses.
The decree may be supplemented with information about the reasons for the separation and contain the basic facts of the case, as well as the number of the case, which was assigned by the court during the trial. It is mandatory in the decree prescribes the presence of payments (alimony) from one of the spouses.
It also contains the information about who is recognized as the guardian of children by a court decision (if there are ordinary children), as well as the conditions under which the property was divided between the spouses. With the help of this decree, the spouse can check the correctness of the executed documents under the decision of the court, and also has the opportunity to go to court to approve or change the new amount of spousal support.
Lost Your Divorce Decree? Read Where Can You Get a Copy of That Paper
Upon completion of the divorce proceedings, it is essential to keep a copy of the divorce decree. The judge is obliged to surrender to each of the participants of the process a copy certified by the court. This paper is essential for confirming marital status when executing any documents in government and private organizations.
If this paper has been lost, there are several ways to get a new copy of the divorce decree.
The first place where the spouse can get a copy of this document is the office of the court clerk. The State of Indiana provides for the custody of divorce cases, which also include the divorce decree itself for ten years from the date the case was closed. A spouse who has lost his copy of a divorce decree may apply to the court office in which the divorce was made. To search for an order, you have to know the number of the case file. If the case number is also lost, the search for the case can be performed using data such as the name of the judge or the name of the lawyer who handled the situation, as well as the date from which the dissolution of the marriage was certified.
If the document is necessary for a third party who did not take participation in the divorce process, it is needed to provide notarized power of attorney or permission to use and view the information specified in the decree from the person who was a member in the divorce.
The second way where a spouse can get a copy of the divorce decree is the Department of Records. If more than ten years have passed since the divorce and the record at the court clerk is no longer saved, it would be advisable to contact the civil registration or the vital statistics department of Indiana.
According to the provisions of the law in Indiana, copies of the divorce proceedings may also be kept at the attorney office that dealt with the case. You have the rights to ask a lawyer of your divorce case, and he may provide a copy of the divorce decree for free. The spouse can also contact to the lawyer of his former spouse with such a request. And with the written permission of the former spouse, his attorney can also provide a copy of the divorce decree for you.
If you were not a participant of the divorce case, you have to ask for notarized power of attorney or permission from one of the members of that case for using the copy of divorce decree.
A divorce decree can also be found on specific state-owned Internet resources. According to Indiana’s divorce law, all cases must be entered in the online registry and available for online viewing. However, such sites limit access to complete information and often require payment for a printed copy of the document. If a third party views a record, the resource may restrict access to the report.
Marriage rupture is a rather painstaking process that significantly affects a person’s psycho-emotional state. At such moments it is difficult to remember some of the details that took place in the case.
No less often the spouses have a problem with keeping documents, namely the loss of certain documents confirming marital status. The main thing in this situation is not to get confused. There is always the opportunity to contact the government agencies that conducted the case. According to Indiana laws, all documents must be archived, in case of unforeseen situations.
Also, taking into account that in the modern 21st century everything is computerized and digitized, it is possible to track down and find the permanent archive for the case of divorce much more comfortable than it was before.
Nothing disappears without a trace, and the main thing in our life is to know where to look for finding the answer. So we hope that now you know where!