When parting with your husband, you need to think about your future with a cool head and a calculator in your hands. Our recommendations will help to survive a divorce without unnecessary emotions.
Divorce one of the most stressful situations in life. It is important not to give in to emotions and to approach the solution of the problem as practically as possible.
If you understand that parting is inevitable, go for a consultation with a lawyer. Do not forget to take the proper documents, loan agreements, checks for significant purchases, etc.
The most common mistakes
“Take whatever you want!”
With all the absurdity of this phrase, it is pronounced by many, wanting to get rid of the nightmare of domestic scandals quickly. Do not let your husband take everything.
In most cases, you have the legal right to exactly half of the jointly acquired property.
“I do not keep checks and contracts.”
And in vain. If you and your husband, has filed a petition for divorce, immediately began to live separately, only a check and a contract will help you prove in court that, for example, you already bought a new car. And the spouse has no right to claim her.
“He will not deceive me.”
It is a big mistake to think that you know your partner well. During a divorce, he can manifest himself from the most unexpected side. And quickly re-register the cottage for a cousin. In this case, the law gives grounds to recognize the transaction as invalid (Article 167 of the Civil Code of Indiana state).
Also, you can file a petition for the seizure of all property before the end of the divorce proceedings.
“Divide debts in half.”
This is by no means the case. Indeed, in art. Forty-five of the Family Code of Indiana states stipulates that debts and loans are recognized as the standard in a divorce if both spouses are a debtor or a credit issued for one of them is used for general family needs.
But there is also art. 39. It points out that the distribution of debts is proportional to the share of each in the common property. And if, when dividing the property, the shares were not equally divided, the owner of most of the property would pay most of the debt.
“Do not wash dirty linen in public”
Reluctance at the court to disclose the unpleasant pages of family life can cost you a pretty penny. But if you honestly tell you that he hasn’t worked for months or squandered money in slot machines, and bring the evidence, the court may share the property not equally, but in your favor (Section 2, Art. 39 of the Family Code).
“No marriage contracts!”
The marriage contract can be concluded not only before the wedding but also on the eve of the divorce. If you and your husband decided to break up peacefully, write down your agreements on property and children on paper and notarize everything. It will save from surprises.
Maybe everything will work out?
If the husband announces his desire to file for divorce in the period when you are expecting a child, you should know that he has no right by law to do so.
Family Code of Indiana state in Art. 17 establishes a restriction. The husband is prohibited from demanding a divorce during the pregnancy of the wife and until the child reaches the age of one.
If you have a hope that with time everything will get better, stay on your own. Without your consent, the court will not accept the statement from the spouse.
In our time, the number of cases in the district courts of Indiana on family disputes between spouses is becoming more and more. This tendency is most likely caused by more legal factors than social ones, such as the existence of a discussion between the spouses regarding jointly acquired property, the participation of one of the spouses in raising the child, the establishment of the child’s residence with one of the parents (if the father and mother of the child live separately ) etc.
The most common category of cases in the field of family law in our time is the divorce of the spouses through the courts. Accordingly, the question arises, “if to file a claim in court, what nuances should be taken into account, and what factors should be paid attention to?” Or in other words, how to divorce correctly? The professional lawyers will provide you with some tips on this.
First of all, I would like to note that in some instances, spouses can get a divorce, not only through court but also through the registry offices. For example:
Separation through the registry offices
According to Art. One hundred six of the Family Code of Indiana state, spouses who do not have children, have the right to apply with the civil registry office for divorce. The primary condition is the absence of spouses of children. In this case, the registry office divorces spouses after a month from the date of receipt of the application. If one of the spouses cannot apply in person, then the other spouse may apply on his behalf from a power of attorney.
According to Art. The state body of civil registration dissolves 107 of the Family Code of Indiana, marriage at the request of one of the spouses happens in the case of:
If a person is missing;
Confirmation of a person as incapable.
It is analyzing the situation of art. One hundred seven of the Family Code of Indiana it ought to be noticed that for this situation one of the above reasons is sufficient for an individual to break down a marriage. In any case, it ought to be seen that for this situation one of the mates should furnish the registry workplaces with an appropriately confirmed duplicate of the court choice that went into legitimate power proclaiming the individual to be missing or discovered uncouth. It is important to focus that the common registry workplaces do the technique of separation paying little mind to the presence of a property question between the mates. You ought to likewise recall that the division of the property of companions is conceivable all the while with the separation and after the disintegration of the marriage.
Separation in court
As per Art. One hundred ten of the Family Code of Indiana, a case for separation might be documented by one of the companions.
As it were, one of the mates may document a claim in court about the disintegration of the marriage, paying little respect to the desires of the other mate, the nearness of kids, and so forth. In any case, take note of that there are a few perceptions in which the life partners can’t seek a legal separation. For instance, a claim for separation can’t be introduced amid the pregnancy of the life partner or inside one year after the introduction of the tyke. Nonetheless, there are individual cases, for example, one of the mates carrying out unlawful lead, which has indications of wrongdoing, in the relationship of the other life partner or kid. For this situation, one of the companions may document a case for the disintegration of the marriage amid the pregnancy of the life partner or inside one year after the introduction of the youngster, connecting composed proof to the application.
Likewise, the companion has the privilege to sue for separation amid the pregnancy of the life partner, if the paternity of the imagined tyke is perceived for someone else. To document a claim on detachment, an individual should present a court choice recognizing paternity to another person.
A spouse has the right to sue for divorce until the child reaches one year if paternity in respect of him is recognized for another person or, by court decision, a statement of the spouse as the father of the child is excluded from the birth record of the child.
To summarize, I want to note. Spouses who have no children may, by mutual consent, file a petition to the civil registry office for a divorce, and a month later the public registry offices will issue them a divorce certificate. In the case of the consent of one of the spouses or the presence of non-adult children, it is necessary to apply to the court, taking into account the above notes. Now you know how to get a divorce. But if we have not answered all your questions, then call a professional lawyer who will be happy to help you.
However, the best solution is to be careful with the choice of your loved one, so you will not need to apply for a divorce. Also, you can ask for it on the internet. Online procedure saves a considerable amount of time, money, and nerves. You need to scan the documents and professionals will do everything instead of you. Also, they can answer all your question and help you to save your part of the property.