The Indiana family law attorneys at Cairns & Rabiola are happy to assist clients in both contested and uncontested divorces. These frequently asked questions are aimed to help you determine if your divorce is uncontested and how we can help you if you decide to hire an attorney.
How do you know if your divorce is uncontested? In an uncontested divorce, both spouses agree to the majority of the terms of the divorce. These terms include the division of property (including any residences, vehicles, retirement accounts, bank accounts, etc.), child custody provisions, and child support generally (our attorneys are happy to do a child support calculation). Typically, divorces with children are not uncontested, but every once in a while parties agree on all terms regarding the children and are able to proceed with an uncontested divorce.
Why does it matter if my divorce is uncontested? Our family law attorneys are happy to assist clients throughout the state of Indiana with uncontested divorces for a flat fee . The benefit of a flat fee in a divorce is that assuming the divorce is truly uncontested you know the cost of the divorce from the onset. The flat fee varies depending on a number of factors (whether you have children, whether an income withholding order needs to be completed, whether retirement accounts are being divided that require a Qualified Domestic Relations Order, and whether you need a quitclaim deed prepared). In addition to the flat fee paid to the attorney, the client also pays the filing fee required by the county the divorce is filed in.
What does the flat fee include? The flat fee for all uncontested divorces includes the drafting of the petition for divorce, summons, appearance, agreement of settlement, waiver of final hearing and decree of dissolution. We also handle filing of the documents. For an additional flat fee, we will also prepare income withholding orders (for payment of child support), Qualified Domestic Relations Order (for tax-free transfer of qualified retirement accounts, such as 401(k)s), and quitclaim deeds.
How do you charge for uncontested divorces? Our flat fees start at $300-$400 and increase depending on whether we also prepare the income withholding orders, child support worksheets, Qualified Domestic Relations Order(s), and quitclaim deeds.
What is the time period for an uncontested divorce? In Indiana, there is a 60 day waiting period between the filing of the divorce and the court being able to approve a final settlement agreement. Assuming both spouses execute the necessary documents within the 60 days, most uncontested divorces are ready to be filed for approval by the court on the 60th day (although we cannot control how soon the court will actually approve the settlement agreement).
Does my spouse need an attorney in an uncontested divorce? While the family law attorneys of Cairns & Rabiola only represent one spouse in a divorce for ethical reasons, it is not a requirement that the other spouse retain an attorney. Our divorce attorneys will not give legal advice to the non-represented spouse. Of course, the non-represented spouse is more than welcome to seek legal counsel of his/her own.
Do I have to come to your office for an uncontested divorce? No, most clients that hire us to do their uncontested divorce never step foot in our office. We can do most of the work over email. This also allows us to do uncontested divorces in any county in Indiana.
If you would like to speak to a divorce attorney about your uncontested Indiana divorce, please call us at 317-632-4711 or complete our contact form and we’ll email you! We offer a free 30 minute phone consultation for all potential clients.