How to File for Divorce in Putnam County, Indiana

Divorce is called "dissolution" in Indiana

When filing for divorce in Putnam County, Indiana, you must follow the local rules of practice for the Putnam County Circuit Court. In Indiana, divorce is called "dissolution of marriage." If the spouses can agree on the terms of divorce and put it in writing, a divorce in Indiana can be final 60 days after the papers are filed.

Instructions

1. Establish residency in the state. If you seek a divorce in Putnam County, you must be a resident of Indiana or a military person stationed in the state for at least six months. You also need to live in Putnam County for at least three months before you can file a divorce there.

2. Get legal advice. Although you can ask for and obtain a divorce in Putnam County, Indiana without a lawyer, it is advisable that you retain one to ensure that your rights are protected, particularly if children are involved. A lawyer will be able to advise you regarding property division, alimony, child custody and support. He also will make sure that the appropriate documents are filed in conjunction with the court's timetable and will advocate for you in and out of court.

3. Prepare a petition. An individual who wishes to have a marriage dissolved in Indiana will need to prepare and file a petition for dissolution of marriage. Petitions for dissolution must include the appropriate grounds for divorce in Indiana. The no-fault grounds for divorce in Indiana are irretrievable breakdown of the marriage. The fault grounds are the conviction of either spouse, subsequent to the marriage, of a felony; impotence that was present at the time of marriage; and the incurable insanity of either spouse, which must have been present for at least two years.

4. File the petition for dissolution of marriage with the Circuit Court. When children are involved, all petitions for dissolution will automatically be referred to the Putnam County Facilitation Project and be scheduled with a facilitator as quickly as possible. The facilitator will assist in establishing support and visitation guidelines when necessary.

5. Request a temporary restraining order if necessary. Either party may request a temporary restraining order against the other spouse. This can be done without a hearing if the party files a verified petition alleging that injury may occur in the absence of a restraining order.

References

• Putnam County Indiana Clerk's Office: Circuit & Superior Court
• Local Rules of Practice of the Putnam Circuit and Superior Courts: Local Rule 12 through 19 regarding Dissolution of Marriage Matters
• Lawyers.com: Divorce in Indiana