[IN] What are the next steps after e-filing an uncontested no-fault divorce?

Lexi, Chatbot

I understand that completing the e-file process can be a bit overwhelming. What type of filing did you just complete (e.g., tax return, court document, etc.)?

Lexi, Chatbot

Have you received any confirmation or communication regarding your e-file submission?

Lexi, Chatbot

Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you've completed the e-file process for a marital settlement/divorce. Could you tell me more about any further steps or concerns you might have?

Disclaimer: This conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Richard

I understand you're looking for guidance on what both you and your husband need to do next. Could you let me know which state you're in? This will help me provide more accurate information, as the process can vary by location.

Richard

Great, thanks for letting me know you're in Indiana. Have you and your husband both agreed on all terms of the divorce, such as property division and any child-related matters?

Richard

Since you don't have any property or children to consider, the process should be more straightforward.

For you, the next step is usually to wait for the court to process your e-filed documents. Indiana has a mandatory 60-day waiting period from the date the divorce petition was filed before the court can finalize the divorce (IN Code § 31-15-2-13). You may receive a notice of a final hearing date, or in some counties, the judge may review the paperwork without a hearing if everything is in order.

For your husband, he must be properly served with the divorce papers if he has not already signed a waiver of service. If he agrees with everything, he can sign and file an appearance and waiver, and no further response may be needed. If he does not respond after being properly served, you may be able to request a default after the required time period passes.

Richard

 In Indiana, alimony is called “spousal maintenance,” and it is awarded only in very limited circumstances:

• If a spouse is physically or mentally incapacitated.
• If a spouse lacks sufficient property and needs support while caring for a disabled child.
• Short-term rehabilitative maintenance (usually capped at three years) if a spouse needs support to become self-sufficient.

Indiana is strictly a no-fault divorce state. Infidelity, by itself, is not a factor the court considers when deciding whether to award spousal maintenance. The court focuses on financial need and ability to pay, not marital misconduct.

So even if you have proof of infidelity, it generally would not prevent a maintenance claim unless it directly affected finances (for example, large marital funds spent on an affair). In your case, since you have no shared property and kept finances separate, and there are no children, a spousal maintenance award would be unlikely unless one of the limited statutory grounds applies.

If he does contest and requests maintenance, you would respond by showing:

• He does not meet one of the statutory categories.
• He is capable of supporting himself.
• You do not have the ability to pay (if applicable).