Skip to content

Petition for Dissolution of Marriage: A Comprehensive Guide for Complex Divorces

Navigate the divorce process with confidence. Learn how to properly file a Petition for Dissolution of Marriage when dealing with significant assets, business ownership, and child custody matters.

Introduction

A Petition for Dissolution of Marriage is the formal legal document that initiates the divorce process. This document is particularly important for couples with complex financial situations, business interests, or those with minor children. When you file this petition, you're officially asking the court to end your marriage and address critical matters such as property division, spousal support, child custody, and child support. For long-term marriages with accumulated assets, business ownership interests, or families with children, understanding this document is essential to protecting your rights and ensuring a fair resolution to your marriage.

0/5000

Key Things to Know

  1. 1

    Filing a Petition for Dissolution of Marriage officially starts the divorce process and establishes the date of separation, which can be important for determining property rights.

  2. 2

    For business owners, how you characterize your business in the initial petition can impact later negotiations, so consult with both a divorce attorney and business attorney before filing.

  3. 3

    Long-term marriages often result in more equal division of assets and potentially longer-term spousal support, regardless of who earned more during the marriage.

  4. 4

    Child custody requests should focus on the children's best interests rather than parental preferences to be most effective with the court.

  5. 5

    The petition is just the beginning - be prepared for a lengthy process involving financial disclosures, valuations, negotiations, and potentially court hearings.

  6. 6

    Consider temporary orders for support, custody, and property use during the divorce process, which can be requested alongside your initial petition.

  7. 7

    Professional valuations for businesses, real estate, and complex assets are almost always necessary and should be budgeted for as part of your divorce expenses.

  8. 8

    Tax implications of property division and support arrangements should be considered before finalizing any divorce agreement.

Key decisions before you file

Before you file a Petition for Dissolution of Marriage in Indiana, a few decisions shape the document: which option to choose and what each one means. The Petition for Dissolution of Marriage guide walks through them.

Open the Petition for Dissolution of Marriage guide

Customize your Petition for Dissolution of Marriage Template with DocDraft

Indiana Requirements for Petition for Dissolution of Marriage

  • Residency Requirement (Indiana Code § 31-15-2-6)

    At least one spouse must have been a resident of Indiana for six months immediately preceding the filing of the petition, and a resident of the county where the petition is filed for at least three months.

  • Irretrievable Breakdown (Indiana Code § 31-15-2-3)

    The petition must state that the marriage has suffered an irretrievable breakdown, which is the no-fault ground for divorce in Indiana.

  • Identification of Parties (Indiana Code § 31-15-2-5)

    The petition must include the full legal names, addresses, and other identifying information of both spouses.

  • Date and Place of Marriage (Indiana Code § 31-15-2-5)

    The petition must state the date and place where the marriage was solemnized.

  • Children of the Marriage (Indiana Code § 31-15-2-5)

    The petition must identify all children born or adopted during the marriage, including their names and dates of birth.

  • Pregnancy Disclosure (Indiana Code § 31-15-2-5)

    The petition must disclose if the wife is pregnant at the time of filing.

  • Property Division (Indiana Code § 31-15-7-4)

    The petition should address the division of marital property and debts, with Indiana law presuming an equal division unless reasons exist for an unequal division.

  • Child Custody (Indiana Code § 31-17-2-8)

    For couples with minor children, the petition should address legal and physical custody arrangements based on the best interests of the child.

  • Child Support (Indiana Code § 31-16-6-1)

    The petition should address child support obligations in accordance with the Indiana Child Support Guidelines.

  • Parenting Time (Indiana Code § 31-17-4-1)

    The petition should address parenting time (visitation) arrangements for the non-custodial parent.

  • Spousal Maintenance (Indiana Code § 31-15-7-2)

    If applicable, the petition should address spousal maintenance (alimony), which in Indiana is limited to specific circumstances such as disability or lack of sufficient property.

  • Name Change Request (Indiana Code § 31-15-2-18)

    If a spouse wishes to resume a former name, this request should be included in the petition.

  • Protective Order Information (Indiana Code § 31-15-2-5)

    The petition must disclose any existing protective orders between the parties.

  • Financial Declaration (Indiana Rules of Court, Trial Rule 1.2)

    Many Indiana counties require a financial declaration form to be filed with the petition, detailing assets, liabilities, income, and expenses.

  • UCCJEA Compliance (Indiana Code § 31-21-3-1)

    For cases involving children, the petition must comply with the Uniform Child Custody Jurisdiction and Enforcement Act, including information about children's residences for the past five years.

  • Child Support Worksheet (Indiana Child Support Rules and Guidelines)

    A child support worksheet calculating support obligations according to Indiana guidelines must typically accompany the petition.

  • Qualified Domestic Relations Order (Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1056(d)(3))

    If retirement accounts are to be divided, the petition should address the need for a QDRO to properly divide these assets.

  • Military Service Disclosure (Servicemembers Civil Relief Act, 50 U.S.C. § 3901-4043)

    The petition must disclose if either spouse is in military service, as special protections may apply under the Servicemembers Civil Relief Act.

  • Tax Dependency Exemptions (Internal Revenue Code § 152(e))

    The petition should address which parent will claim tax dependency exemptions for minor children.

  • Health Insurance Coverage (Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C. § 1161-1169)

    The petition should address continued health insurance coverage for spouses and children, including potential COBRA benefits.

Frequently Asked Questions