Families Matter Triage Program

You must wait at least 60 days from the date the case is filed. Unless the parties file a written agreement, waiver of rights and decree of dissolution, they will need to request a hearing date to be held after 60 days.

Each case goes through a standard legal procedure. Even the Streamlined Pathway will have the waiting period and ideally all pathways would be similar timeframes. Participating in the FMTP does, however, ensure the proceedings are more likely to be on track and scheduled in a timely manner as it has designated time blocks and personnel checking on the parties and their case which can expedite the process. If you have questions regarding the next steps in your case, please contact the Legal Navigator, Courtney  Etheridge, to discuss further.

Any person may represent himself or herself in a court without a lawyer. However, this does not make the judge or the court’s staff your lawyer. You must perform just like a lawyer would perform in gathering evidence and other pertinent information. Neither the Judge nor the court's staff can assist you in preparing or presenting your case. The laws and the rules of evidence remain the same whether you are represented by a lawyer or you represent yourself. The self-help website address is: http://www.in.gov/judiciary/selfservice

If you cannot afford an attorney, you may contact the following places to apply for free legal assistance:

Legal Volunteers 406 Pearl Street, New Albany, IN 47150 Phone: 812-949-2292

Indianapolis Bar Association has a “Virtual Ask a Lawyer” online legal advice chat service, where you can chat in real time with an attorney who is prepared to assist with basic legal questions. The chat service will be staffed Monday-Friday from 9am to 4pm hours. During other times or in the event that an attorney isn’t available, you can provide your email address for follow up by an attorney within 12 to 24 hours. Website: https://www.indybar.org/?pg=LegalAdvice-AskALawyer *For individuals without access to the internet, please contact the IndyBar at (317) 269-2000 for assistance.

Southern Indiana Pro Bono Referrals is a non-profit organization that provides qualifying Indiana residents to local attorneys who volunteer their time and expertise. They also offer brief legal advice on civil matters provided at no cost. Options are in person at Floyd County Courthouse in auxiliary office room #325 or designated call-in times using 812-288-8002. The offered services are available each month during the listed times below. *Dates/times are subject to change. Website: http://probono14.org/ Email: probono14@sbcglobal.net

2^nd Tuesday – Call in from 10am-Noon

3^rd Tuesday – In person from 9am-Noon

Last Friday – Call in from 4pm-6pm

Indiana Legal Services, Inc. is a nonprofit law firm that handles civil (non-criminal) legal matters for people who cannot afford attorneys. Indiana Legal Services uses the law to fight poverty and racism, empower clients, and improve access to justice and are dedicated to providing legal services, advice, and education to low-income families on civil matters throughout the state of Indiana. Walk-in and phone-in intake hours vary based on the legal issue. Website: https://www.indianalegalservices.org/ 3303 Plaza Drive, Suite 5, New Albany, IN 47150 Phone: 812-945-4123

You need to request the continuance in writing prior to the court date and provide a copy of that request to the all parties in the case. Clearly explain your reasons for the request. Your current address and a phone number should be provided to the Court. You should then contact the Court to see if the continuance has been granted.

The dissolution of marriage can be finalized even if the other party lives out of state. The respondent has to be served but there are multiple ways this can be accomplished. If there is a valid address for the respondent, they can be served using certified mail which the Clerk’s Office will send with the initial filings at no additional cost. The only exception is that the Clerk’s Office is unable to send certified mail out of the country so it would be the petitioner's responsibility to serve by registered mail and provide proof of service.

If you plan to use service by Sheriff and the other party lives in a state that is not Indiana, then you will need to pay the local sheriff’s office of that state. The $28 charge for service by Sheriff only covers service within the state of Indiana. A different state's Sheriff’s office will have an additional payment to provide service paid directly to their office so that they will participate. Each state dictates their own fee amount and the petitioner would be responsible for paying any fees directly to the Sheriff's office serving the respondent as well as providing the paperwork.

For situations where there is not a good address, the petitioner can choose to serve by publication. For this, you would submit the divorce paperwork and hearing date to the local paper of the Respondent's last known residence to be run three consecutive weeks. The paper would then provide proof of publication for the petitioner to submit to the Court Staff. Another option would be service by acknowledged if parties are in communication.

You can always visit https://public.courts.in.gov/mycase/#/vw/Search to view your case and any updates. While the Legal Navigator cannot provide any legal advice, they are able to help you go through the documents and answer questions about case requirements.

If you need assistance using the child support calculator, the Family Law Navigator can assist some but cannot provide legal advice beyond navigating the site. For situations where the other party's information is unknown, discuss options with Legal Navigator. Please review the Parenting Guide for Divorce Petition document for more information about available resources.

The Floyd County Superior Court is offering Attorney Drop-In Clinics for Pro Se Litigants for Domestic Relation Matters. Drop-In Clinics are offered at the Courthouse, 311 Hauss Square, Room 325, New Albany, IN 47150. Please visit probono14.org for updated dates when they are available.

That depends! You only have to file with kids if you have kids that are legally the child/children of you and the other party. Children who are under 18 and have legally been adopted by both parties are considered “kids” in this case. Children that are legal adults are not considered “kids”. Kids from other relationships are not part of the case.

Even if your case is "without kids",  on the Financial Disclosure Statement you will include all minor children whether part of the case or not.

The Judge will decide to assign the case to one of three pathways; Streamlined, Tailored, or Judicial.

If selected for the streamlined pathway, all secondary filing forms need to be completed before the judge  will review the case. After the 60 day waiting period and once all required documents are entered, the judge will review the Settlement Agreement that was submitted and then officially approve the plan if appropriate. Note that, though you have a plan, the Judge has the authority to change/add to the terms of the decree as they see fit. Just because parties are in agreement, does not mean they will be assigned the streamlined pathway.

If the judge assigns a case to the tailored pathway, parties would be assigned mediation which is a confidential process where the parties meet, virtually, with a neutral third party, also known as a “mediator”, for up to three hours to try to come to an agreement and complete any remaining case paperwork. As part of the FMTP, low to no cost (sliding scale) mediators are assigned and their information will be provided. The Judge assigns most cases with children to mediation to help think through the many pieces of legal and physical custody of the children. The Court's goal for your family as you go through this process of divorce is that you and the other person involved can build a better future for your children. Research suggests that it is best for parents to attend mediation because mediation helps you think through and develop a plan that comprehensively thinks through the needs of your children as you transition to being coparents. This can help to prevent conflict and keep you from needing to return to court, helping you to avoid future legal fees in the long-term. We are sure you both want what is best for your children, so we encourage you to work together, and with your assigned mediator to settle your differences and avoid future legal conflict. Your mediator will NOT make decisions about your case and will not “side” with one of you over the other. Rather, they will help you two make your own decision about how to resolve areas of disagreement. If you do not reach an agreement during mediation, a Judge will resolve your case during a hearing. There is no penalty to you for not reaching an agreement during mediation and what you discussed in mediation will not be shared with the judge.

The last pathway is Judicial which is when the case will be scheduled for a full court trial with a Judge who will help resolve your case. Parties must submit their proposed order before the hearing date (although the judge may change items on the proposed decree). Your decree is not official until it has been signed by the judge. You should have all of your secondary filings submitted to the court staff at this point.