Divorce With Children Without Agreement
You should use this form packet if you want to divorce your spouse AND 1. One or both of you have lived in Indiana for the last six months, 2. One of you has lived in your current county for at least the past three months; 3. You have biological or adopted minor children with your spouse; 4. You and your spouse DO NOT have an agreement on custody/parenting time and how property and debts should be divided.
If you are seeking a protection order, you can petition for one, in a separate case, from the privacy of a domestic violence shelter. Learn more about getting a protection order.
Step 1: Read The Instructions
Select and read the ‘Instructions’ packet below.
Step 2: Complete The Divorce With Children Without An Agreement Packet
Use a computer to fill in the form blanks and print out the forms, or print out the forms and write your answers using a pen.
Step 3: Complete A Child Support Obligation Worksheet, Gather Information for an Income Withholding Order, and Check Indiana’s Parenting Time Guidelines.
1. Complete a Child Support Obligation Worksheet. If you do not file a completed Child Support Obligation Worksheet, the Court may not approve your Agreed Entry, and your case will be delayed.
Go to Child Support Work Obligation Worksheet to use the online calculator or to print blank forms.
2. Income Withholding Orders are sent to the employer of the parent paying child support and may need to be signed by the judge. Here is a link to an Income Withholding Order and instructions. Note that once you click the link to the page, you will need to scroll down. Income Withholding Order
3. Review Indiana’s Parenting Time Guidelines.
Step 4: File Your Completed Forms
1. Check your county court’s local rules here.
2. Take the originals and copies of your forms (forms linked below, Child Support Obligation Worksheet, and Income Withholding Order) to the Clerk of the Court that issued the current child support order. The Clerk will stamp the forms with a filing date and give you back a copy.
3. Mail one stamped copy of each form that you filed to the other parent’s attorney, or the other parent if he or she is not represented by an attorney.
4. Leave two stamped envelopes, one with your address and one with the other parent’s (or other parent’s attorney’s) address, with the Clerk for mailing the signed order.
5. You can e-file these forms, but print them first. Then, scan them back into your computer. E-filing fillable forms causes errors in the e-filing system. You can find out more about e-filing here: E-file Indiana
Step 5: The Hearing
1. Watch the chapter(s) on preparing for your hearing in the video Family Matters: Choosing to Represent Yourself in Court.
2. Bring a copy of your Child Support Worksheet, information for an Income Withholding Order and review the Indiana Parenting Time Guidelines.
3. Dress nicely and be on time.
4. You will get to talk first, because you are the one who filed for the motion. Then, the other parent will get a chance to talk. Do not interrupt the Judge or the other parent.
5. Sometimes, the Judge will make his or decision right away. Sometimes you will have to wait for the decision to come in the mail. The Judge might sign the order you provided or issue one of his or her own. If it has been several weeks since the hearing and you have still not received an order in the mail, call the Court and ask for a copy.