Monday, June 30, 2008

Marion County Pro Se Procedures

For those filing their won divorces in Marion County, Indiana (Indianapolis) had better read this post. Those in other counties can learn from 2 - 7. I got the following from Marion Civil Superior Court 1 a few weeks back:

NOTICE TO PRO SE LITIGANTS
RE: DISSOLUTION OF MARRIAGE PROCEDURES

If you are representing yourself in a dissolution of marriage proceeding, the laws of the State of Indiana and the Marion County Rules require the following:

I. Both parties must provide the Court with a completed Verified Financial Declaration. (This is available in the Court office.)

2. If there are minor children of the marriage, both parties must attend and complete the “Children Cope with Divorce” class, and a Certificate of Completion must be filed with the Court. (A brochure with the contact information is available in the Court office.)

3. No Preliminary or Final Hearing will be set by the Court until a written request for a hearing is made by one of the parties. An Order to Appear (with sufficient copies) and self-addressed, postage-paid envelopes must be provided for mailing or serving the notice.

4. Indiana law requires a minimum of sixty (60) days after the Petition for Dissolution is filed before a dissolution decree may be issued.

5. The Court will not automatically issue a decree after the sixty (60) days has elapsed. The Petitioner or Respondent must request a final hearing date, or file the following with the Court an original and four copies of:
a. Waiver of Final Hearing signed by both parties in the presence of a notary.
b. Proof the Respondent was properly served with summons, or a Waiver of
Service, signed by the Respondent in the presence of a notary.
c. If there are minor children of the marriage, a Custody, Child Support and
Parenting Time Agreement signed by both parties in the presence of a notary, with an Indiana Child Support Guidelines worksheet.
d. A proposed Decree of Dissolution of the Marriage.

6. DO NOT ASK THE COURT STAFF FOR LEGAL ADVICE. THE STAFF IS
NOT ALLOWED TO GIVE LEGAL ADVICE TO THE PARTIES. THE JUDGE IS NOT ALLOWED BY THE CODE OF ETHICS TO DISCUSS THE MERITS
OF THE CASE WITH ONE PARTY OR THEIR ATTORNEY WITHOUT THE OTHER PARTY OR ATTORNEY PRESENT.

7. For forms and further information, see: Indiana Supreme Court Self-Service Legal Center at: http://www.in.gov/judiciary/selfservice/

You need to view the Pro Se Video regarding representing yourself in Dissolution of Marriage proceeding, as you will be held to the same standards and treated the same as an attorney.

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