Indiana dating before divorce final
The spouses should receive a copy of the Final Decree signed by the judge within 30 days after the First Appearance. Many counties will not grant a dissolution/divorce unless the spouses have been living at different addresses since the file date.In other counties, you must live at different addresses for at least 30 days before the divorce hearing.With children: You must wait 60 days from the date of filing even if the separation requirement is already met. For Article 103 divorce, the 180 day (365-day w/children) separation requirement must be met before you file for divorce. As of October 1, 2015, the mutual consent grounds was added, which allows couples to file for divorce even if they still live together as long as they have no minor children together, have a signed written settlement agreement and both attend the divorce hearing.The no-fault grounds of voluntary separation and the fault grounds of desertion, constructive desertion, and conviction of a felony, require spouses to live at different households without having sexual relations for 365 days.However, some states do allow people to seek a waiver of the cooling off period.Some waivers are granted when both spouses to agree while others generally must be for "good cause." For example, Iowa, which has a 90-day waiting period, has a procedure for asking the court to waive this requirement.While mandatory waiting periods are designed to preserve marriages by giving couples time to rethink divorce, the time for answering gives the non-filing spouse a certain amount of time (usually 20-60 days) to file an Answer and/or hire an attorney, if he or she does not agree with the divorce and/or the terms requested by the filing spouse in the divorce petition.While the mandatory waiting period cannot generally be waived in most states, the non-filing spouse can usually shorten or even eliminate the answer period by filing the right documents.
The 90-day waiting period begins to run on the day the papers are returned, also known as the "return date."No children: You must wait 30 days from the date of filing as long as the 60-day separation requirement is met. For Article 102 divorce, the spouses must live at separate residences for 180 days (365 days w/children) after the non-filing spouse signs the Waiver of Service.In these states, the separation requirements range from 6-18 months, and in addition to living at separate residences, being separated usually also means not engaging in sexual relations with your spouse during that time.As is the case with waiting periods (see below), some states increase the separation requirement when the parties have minor children.Not all states have cooling off periods, but in those that do, it generally begins to run either as soon as the divorce is filed or once your spouse is served with divorce papers.A separation period, on the other hand, is the amount of time that the spouses must be separated before getting a divorce.
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Thirty days after the hearing, a Rule Nisi Divorce Judgment is entered, but the Final Judgment is not signed by the Judge until 90 days after that.