The system of regulatory, legal acts in force in the territory of Indiana state is diverse. Its set depends on the scope of regulation. This also applies to family law, in particular, to the divorce process. The founding of such documents in this area is the Family Code of Indiana state and the Civil Code of Indiana state. They contain the basic concepts and regulations governing this issue.
However, the divorce procedure itself is described in the Federal Law “On Acts of Civil Status,” as well as in the Civil Procedure Code of Indiana state. By all the acts mentioned above, there are also particular norms (the Tax Code of Indiana state), as well as some subordinate regulatory, legal actions. We will try to consider the main ones.
Family Code of Divorce
One of the legislative acts in Indiana state regulating the divorce proceedings is the IC. Directly inch. 4, the following positions can be seen:
Grounds for termination of marriage;
the possibility of determining the authority where it is necessary to apply with the appropriate application;
cases and procedures for the implementation of such a process based on the characteristics of the subject composition;
the moment of legal termination of marriage;
The possibility of its restoration.
Be noticed that the end of marriage is completed regarding the passing of one of the life partners (or announcing him dead), just as through his disintegration in the recommended way. In the meantime, the choice of the life partners to separation can be both common and uneven. Contingent upon this, one ought to recognize the legal method and the end in the library workplaces.
In a “managerial” way, the procedure of separation is quicker, yet it isn’t constantly conceivable to utilize it. Instances of detachment through the body library office especially cherished.
The nearness of the permission of the two life partners and the absence of ordinary minor youngsters; regardless, when the second companion is perceived as missing, inept or condemned to detainment for a term of over three years.
In every single other case, the disintegration of the marriage is completed just in court.
Additionally, the life partners can generally have questions concerning the division of property, deciding the submit of home and the request of correspondence of minor kids, the recuperation of divorce settlement, so the official found that regardless of what specialist the marriage of such people is ended, these issues are always under the purview of the court. The control of definitely these inquiries isn’t constrained to ch.
Art. 38-39 accommodates the system for partitioning and deciding the offers of the absolute joint property of the life partners, craftsmanship. Fifty-five expresses the privileges of a tyke to speak with guardians and different relatives, Art. Sixty-six of Indiana state accommodates the activity of parental rights by the parent living independently from the kid, and segment 5 of the IC of Indiana state clarifies support.
Hence, this is a unique law that law masters and ordinary natives ought to straightforwardly pursue when choosing the execution of a separation.
Civil Code for Divorce
Art. 4 directly provides for cases when the norms of civil legislation can be applied to family relations. In particular, this applies to property and personal non-property relationships, unless these rules do not contradict their essence. No exception to this rule is the divorce process. Here it is necessary to single out only the first part of this act, which sets out the general provisions on the existing institutions of civil law.
So, in the Civil Code of the Indiana state, it is not explicitly indicated that this or that norm relates to divorce. These include the following:
Regulation of legal capacity (Article 17-18, 21 of the Civil Code of Indiana state). The recognition of a person as incapable (Article 29 of the Civil Code of Indiana state).
Declaring a citizen dead or recognizing him as missing (Article 42-43, 45 of the Civil Code of Indiana state), as well as restoring the rights of these persons in case of their appearance (Article 44, 46 of the Civil Code of Indiana state).
The list of civil status acts (Art. 47 of the Civil Code of Indiana state).
The regime of joint property of spouses (Art. 256 of the Civil Code of Indiana state).
Based on the above, it is necessary to conclude that these standards, although they carry additional information load, are not inferior in their significance to the norms of family legislation of Indiana state.
Without knowledge of the legal capacity of a person and the procedure for declaring him incompetent, one of the spouses may have problems in dissolving a contracted marriage.
Civil Status Acts
Another crucial legislative act in the sphere of regulation of the question of the termination of marriage is Federal Law No. 143-FZ of November 15, 1997, “On Acts of a Civil Status.” This law was adopted by and under the requirements stipulated by the norms of the Civil Code of Indiana.
According to Art. 19, it is the central regulation of the divorce proceedings in the registry offices (in particular, we are talking about Chapter 4 of the Law). Here it is necessary to note such information as:
The grounds for divorce are only a joint statement of the spouses, as well as a court decision that has entered into force.
Registration of this fact is carried out at the place of residence of these persons or the location of marriage.
The law divides the commission of this procedure depending on the grounds provided for in Art. 19 (Art.33-35 of the Law).
A detailed regulation is given on how to record this act of civil status, the procedure for processing and issuing the relevant certificate.
For more details, it is necessary to dwell on the procedures for dissolution of marriage, specified in Art. 33, 34 of the Act. First of all, here it is essential to note the general provisions among them:
submission of the relevant application;
presentation of an identity document, as well as a marriage certificate;
the establishment by the registering authority of a one-month period (as a rule, to consider the decision taken).
The differences in these processes are as follows:
submission of additional documentation (for cases of unilateral termination – a court decision recognizing one of the spouses as missing or damaged);
the registering authority must notify the guardian (or the guardianship and trusteeship body), as well as the property manager of the second spouse, in established cases;
in the implementation of the very fact of registration of the dissolution of a marriage, at least one of the spouses may be present (upon their joint application), and the applicant himself must be obligatory upon unilateral termination.
Another point that is indicated by this legislation is that all applications submitted, as well as certificates issued, certificates, including those related to divorce, are strictly unified. This is evidenced by paragraph 4 of Art. 6 of the Law, as well as numerous bylaws.
State duty of one thousand for divorce
Art. 10 of the Law “On Acts of Civil Status” states that for the registration of divorce, it is mandatory to pay state duty. At the same time, it is necessary to pay it, regardless of whether separation is carried out in a court or other place.
Recall that according to Art. 333.16 of the Tax Code of Indiana state, a state duty means a fee levied on persons who apply to one or another body to an official for the performance of legally significant actions.
Payment of the state fee, in this case, is carried out before the submission of the relevant documents for consideration to a particular body. At the same time, it is essential to take into account the fact that its size also includes the services for issuing the relevant certificate.
When analyzing the norms of the current legislation of Indiana state on state duty, it is easy to see that its size for divorce is much higher than for the conclusion. This approach of the legislator is quite understandable – the preservation of the family order.
However, “in pursuit” of this goal in 2013, some politicians came up with a legislative initiative to state that the state duty for divorce was about 1000 dollars (and from each of the spouses). In support of their position, they said that this increase would improve the demographic situation in the country and raise the responsibility of the spouses when entering into marriage, respectively, since they will act deliberately and prudently.
At the same time, these persons did not take into account the fact that some categories of citizens, in general, would be deprived of the possibility of divorce, that:
directly not only infringes upon their rights and legitimate interests;
does not meet the standards of current legislation in Indiana state (we are talking about poor citizens).