In Indiana, divorce petitioners follow the law to file their motions properly. They start the process by discussing the reason why the marriage didn’t last. They explore their options in terms of child custody and property division. They also mitigate common risks if possible and achieve an uncontested divorce. The following are details that petitioners can discuss with divorce lawyers in Auburn, Indiana.
What Are the Divorce Grounds Available?
The divorce grounds start with irreconcilable differences that don’t present any blame assignment, which implies that each party played an equal role in the demise of the marriage. This is the most common divorce ground used to achieve an uncontested divorce. The petitioner isn’t required to gather evidence of this allegation since it is not fault based.
Adultery is an allegation that implies that the defendant had an extramarital affair. The petitioner must gather evidence that shows a clear relationship between the defendant and an individual that isn’t their spouse. These items could include phone records, text messages, emails, or video footage. Records of telephone conversations and photographs. The only alternative is to acquire a sworn statement from the defendant excepting blame for this allegation.
Domestic violence or spousal abuse requires evidence of police reports and arrests. The petitioner will also need to file for an order of protection to prevent contact between the petitioner and their spouse. The results of the criminal charges could also present additional leverage for the petitioner, especially if the defendant is convicted.
What Process Happens First?
The petitioner must serve their spouse with the divorce motion. An officer of the court or a deputy sheriff delivers the documents and secured evidence that they were received by the correct party. Next, the defendant must respond to the motion or suffer a default motion.
In Indiana, divorce petitioners must follow all laws associated with their cases. An attorney provides guidance to ensure that they don’t make critical mistakes. These mistakes could lead to the loss of child custody or marital properties. Petitioners who need assistance through divorce lawyers in Auburn, Indiana by contacting Yoder & Kraus for more details today.