Life is full of pleasant moments that bring joy and happiness, but sad moments happen that can very seriously spoil the mood of a person. These moments include divorce.
Now we want to talk about the possibility of divorce by citizens of Indiana abroad.
As is known, it is possible to dissolve a marriage through the registry office or by way of lawsuit proceedings through the courts.
The primary criterion that determines the body through which the termination will occur is the presence of ordinary minor children. In the case of their absence, the marriage may be terminated through the registry office, but in this case, both spouses must submit a corresponding application. In the fact of ordinary minor children, it is possible to dissolve the marriage only by a court decision. Again, the appeal can be mutual or unilaterally. It is also worth noting that it is possible to dissolve the union through the court and in the absence of minor children. This option occurs in the case when one of the spouses does not want or cannot apply to the registry office.
With the dissolution of marriage within Indiana, the situation is clear, but what do for those who want to dissolve a wedding (or one of them) while being outside of Indiana? Let’s Consider all the possible options.
Set’s start with situations without children. So, the first option. A husband and wife, citizens of Indiana, being married, while living outside its borders, decided to terminate this marriage. Given the fact that the wedding was under the laws of Indiana, then, accordingly, it should also be discontinued according to its rules. Naturally, in such a case, the couple cannot contact the local authority, which registers the marriage to register its termination.
At the same time, regulatory, legal acts of Indiana that regulate the procedure for registration of marriage and its completion still require the submission of an application to the relevant authority at the place of residence. In this situation, you must contact the consulate (embassy) of America in the host country. After filing an application of the established sample with additions, the diplomatic organization sends the documents to the body that conducted registration in Indiana, and that in turn provides for record of the dissolution of the marriage with the subsequent transfer of the certificate of divorce back to the consulate, which is issued to his already ex-husband.
Next, consider the situation where one spouse lives in the territory of Indiana, and the second is a resident of another state. In this situation, there are two ways.
Let’s consider the first one. The spouse who lives abroad composes a notarial declaration of the traditional type regarding the desire to dissolve the marriage. Then he gives it to someone who lives on the territory of Indiana, and later he submits it along with his application to the registry office. Next, the registrar registers the dissolution of marriage. It is worth noting that a foreign application must be translated and legalized. However, this method may turn out to be unreliable, since it will only not be possible to transfer the request from abroad.
The second way is to involve the consulate in the process of divorce. The spouse who lives abroad compiles and signs an application for registration of the termination of marriage at the Indianan government. And the second one, who lives in the territory of Indiana, submits a corresponding request to the registry office at the place of registration. Further, the consulate transfers the application of a non-resident to this very civil registry office, which registers the dissolution of a marriage. Next, one certificate will be issued to those who live in Indiana, and the second will be sent to the consulate and granted to them.
If your husband agrees to provide documents relating to marriage, as well as to take some additional actions, then there will be no difficulty with divorce. Creating a power of attorney abroad usually causes problems, as a power of attorney must be certified at the American consulate. It often takes a lot of time and money. If you can negotiate with your spouse so that you do not issue a power of attorney, then it is possible to avoid these difficulties (you will be the defendant in the lawsuit, the husband will be the plaintiff).
The terms depend on the variant of your interaction. It takes from 1 to 2 months. There will be no difficulties due to the lack of a stamp in the passport.
Very often people ask if they can get alimony during a divorce in Indiana. First of all, find out what maintenance is?
These are cash payments from one of the former spouses to another to maintain his financial condition. Alimony is like an expression of financial obligations taken upon entering into a marriage union. In previous times, for example, during a divorce, a husband was always obliged by law to pay alimony to his wife.
It happened since he brought income to the house, while his wife kept the household. But in recent decades, spouse employment and the relevant legal provisions have changed, and, according to the laws of most states, alimony can be awarded to both the wife and husband. Also, maintenance cannot be awarded for the rest of his life, but only for a certain period after the divorce. Such support, for example, will help the former spouse to get a profession, which, in turn, will give him (or her) the opportunity to feed himself or herself.
It should be noted that in Indiana, the court awards alimony in sporadic cases.
It happens when the spouse has been married for more than five years or if the spouse has a disability that does not allow him to work. Also, it may happen if the spouse cannot find a job for reasons of age and health (when the spouse has not worked for many years because of this, uncompetitive to find a job), or by agreement of the spouses.
The period of receipt of alimony, appointed by the court, may be short, for example, one year. But it can also be much longer: let’s say ten years. The term will depend on what kind of education you will need to receive, on the market demand for your professional skills, on your responsibilities for caring for minor children and other factors. If you did not manage to find a job by the end of the allotment payment, you could apply to the court to extend this period, but you will need to show a good reason for which you could not find the means to exist.
If the former spouse, receiving alimony, enters a new marriage, the payment of maintenance, as a rule, is terminated, since it is assumed that they are no longer necessary due to new financial circumstances. Also, the obligation to pay child support can be suspended if the recipient spouse lives with another person.
In general, among the factors affecting the amount are taken into account the following: age and health of both parties, the duration of marriage, the ability of both spouses to feed themselves, the degree of responsibility to minor children, the income of the head of the family and the lifestyle of the family during the marriage. Alimony should provide the former spouse about the same standard of living to which this party has become accustomed during the marriage.
If the judge is satisfied with the transaction reached, he approves it and then issues a court decision on divorce. In the context of the above, you should know that a judge may refuse to grant a divorce even if both spouses agree if he concludes that there are no valid initial reasons for the separation or, for example, if neither spouse is a resident of this state.
The method of distribution of property of former spouses
All items of any value constitute property. The feature is a house, furniture (including carpets and lamps), home appliances, works of art, vehicles (such as a car, bicycle or boat), money (in a bank account), stocks, bonds and other securities, a pension. And retirement accounts, a company, etc. Usually, the essential part of the property is real estate: land and buildings on it. If you own a home, then your home is real estate, and everything that is separable from real estate belongs to the personal property. For example, the furniture in the house is private property.
Indians state have adopted an equity distribution system, according to which property acquired by spouses during the marriage is the joint property of both. The concept of justice, however, does not necessarily imply a division precisely in half. Instead, it is based on taking into account all aspects of marriage, such as its duration, age and health status of spouses, their ability to financially secure their future, responsibility to minor children, etc.
The court will take into account these circumstances when deciding on the division of property upon divorce. As for the division of property acquired during the period of matrimony, strictly in half, then such a system is adopted in nine states, including California and Indiana.