Divorce in Indiana – Settlement Agreement

Divorce is a very common phenomenon. About half of couples divorce annually across the country. Of course, dissolution of marriage is not the most pleasant process, it can be difficult emotionally, but there are ways to minimize the serious consequences of a divorce, one of which is a settlement agreement.


The main thing that spouses must do is to decide what their divorce will be. The uncontested divorce is becoming increasingly popular when both spouses want to dissolve the marriage and are willing to cooperate to achieve the goal. Such a divorce ends much faster in comparison with the contested divorce, and also does not draw all the forces and means from the spouses. At the same time, the adjustment is an integral part of an uncontested divorce.

The Indiana Settlement agreement or as it’s also known as ‘marital settlement agreement’ is a legal document signed by both spouses, which indicates that the couple agreed on all issues of their divorce and have no disputes. Usually, the settlement agreement covers all features of the divorce, as a result of which the spouses will not have to participate in lengthy legal proceedings, as the judge will grant a divorce based on the deal.


The settlement agreement should include the following features of the divorce: how the spouses are ready to share all their property and debts, custody of the children and draw up a parenting plan, resolve the issue of alimony, as well as settle any other disputes regarding the divorce, if any. The settlement agreement has a lot of advantages and gives the spouses an opportunity to resolve their disputes in a way that will satisfy both parties, unlike the decision of the judge. Inasmuch the decisions made by the court are tough enough and not always pleasant for any of the spouses.


Before making an agreement, spouses should purchase all the necessary forms and fill them in accordance with the requirements of Indiana and the county where the spouses want to get a divorce. If there are controversial issues husband and wife should discuss them in detail and find a compromise. If this cannot be done alone the spouses can use the services of mediators who help divorcing couples to settle all differences. An important nuance is that the mediators are not divorce lawyers. This is the third side of the discussion, which helps the spouses to find a compromise and come to a solution that would satisfy all parties. And the settlement agreement can also be prepared with the help of the lawyers.

In the settlement agreement, you must specify the names of both spouses, the date of the marriage, the date of separation, the names and age of all common minor children, the reasons for divorce, the current address and living conditions. An equally important part is the agreement on the division of custody of common children, and also the parental plan and schedule for visitation. In general, you can choose any convenient option for both of you, it can be joint custody or sole, the main thing is that the child feels comfortable and you and your spouse agree with all the conditions. It is also necessary to describe in detail how you are going to divide all your marital property, i.e. all that you have acquired since the date of marriage. In Indiana, the rule of equitable separation of property applies, but spouses can divide assets in a proportion that is convenient for them. If both husband and wife agree to these conditions, the judge will most likely approve them. Describe in detail how you will share your marital home, whether you are going to sell it and how to divide earnings. Do not forget to reveal the maintenance question. If one of the spouses claims for alimony, it is worth discussing this issue, including the amount and the period of payment.


The settlement agreement must contain all the details of your divorce. Take this issue responsibly, there should be no disagreement between you and your spouse if you want your divorce to be quick and painless. The more details will be in your agreement, the faster the judge will grant a divorce. Because any mistakes or omissions will lead to the fact that the judge will want to understand this issue at court hearings, which will lead to an increase in the length of the marriage dissolution.





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