A divorce can be one of the most stressful and emotional experiences you may ever have in your life. Whether it was you or your spouse who initiated, you still need to navigate a legal process to complete your dissolution. You or a spouse can file for a divorce in Indiana if you meet the state and your county’s residency requirements.
Dissolution of marriage may be more straightforward if both the filing party and receiver can agree on all divorce-related issues. But what if one partner does not want to go through the divorce? It may become a time-consuming process if there are disputes, but divorce itself may not be negotiable.
A “no-fault” state
Indiana operates on a “no-fault” system for divorces. A married individual in the state does not need to provide proof or reason why the marriage failed. Even if their partner does not agree with the decision to divorce, it cannot be prevented. If a partner refuses to cooperate, a court can still grant a divorce through trial or by default.
Once you or your spouse legally serves the divorce documents, the court requires the other partner to respond. While Indiana trial rules generally give a spouse 20 days to file an answer, they cannot stop the process by staying silent. After the state’s mandatory 60-day waiting period lapses, the court may finalize a divorce by default if the other partner refuses to participate.
You (or your spouse) cannot avoid dissolution by ignoring legally served dissolution papers. Divorce by default may mean that the state may grant the filing party’s requests in their divorce petition. Once the court grants a divorce by default, you lose the right to present your side of the case.
Reducing risks of divorce
Refusal to cooperate during the divorce can make things significantly harder for both parties. Contested divorces, or divorces where couples cannot agree on certain terms or aspects, prolong the process. Some instances of commonly contested issues are property division, child custody, spousal support and visitation rights. You will have to negotiate contested divorce terms in court.
Whether it was you who filed the petition or not, you should consider seeking legal counsel during the process. An Indiana law professional can inform you of your legal responsibilities and timelines for critical actions. While divorces may look harrowing, you do not have to bear all burdens by yourself. The right individual can protect your interests and safeguard your property and rights.