Do I Have to Go to Court for a Divorce in Indiana?

One of the things often holding back those ready to end their marriage is the thought of going to court in order to obtain a divorce. 

Unfortunately, heading to court to finalize your divorce may be necessary in some cases, but you’ll be happy to learn that this is not so for every single divorce. In fact, if your divorce goes smoothly, you may be able to avoid having court altogether. Continue reading to learn more about how you can avoid court for a divorce in Indiana.

Grounds for Divorce in Indiana

In Indiana, you can pursue a divorce based on fault or no-fault grounds. In a fault-based divorce, you state that your spouse’s actions caused the demise of your marriage. Perhaps they committed adultery or have committed a crime and been sentenced to time in prison, for example. 

Although it may be tempting to pursue a fault-based divorce to hold your spouse accountable for their actions, a no-fault divorce is going to be your best option if you hope to avoid court. In a no-fault divorce, you are filing on the grounds that your marriage has irretrievably broken down, nothing more. 

The good news is that if you file for divorce on no-fault grounds, not only could you avoid court, but the entire divorce process will go by much more quickly and be more cost-effective.

Settling the Terms of Your Divorce Amicably

The key to avoiding court in your divorce is to get through the process with your spouse as opposed to being against them. This includes discussions surrounding alimony and the division of marital assets and debts. If you and your spouse settle the terms of your divorce together, your attorney may be able to handle any court appearances on your behalf. 

However, if you and your spouse cannot agree in any way, you should prepare to go to court to plead your case before the judge. 

Speak with an Indiana Divorce Lawyer

If you are hoping to avoid court when settling your divorce, get in touch with a seasoned Indiana divorce lawyer at Rowdy G. Williams Law Firm who could assist you with coming to an agreement with your soon-to-be ex. 

You can call our office by phone at 1-812-232-7400 or submit the online contact form at the bottom of this page when you are ready to schedule a free consultation.