Question:
I paid my wife the amount required for a divorce filing fee, but it’s been several months and I have not heard anything.
Am I supposed to wait for someone to contact me for the process to start or is it possible my wife just kept the money and didn’t file for divorce?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
Since you are still married, any money you provide your wife during this period may be considered to be a gift, for the purpose of payment of bills, support for your wife, or children, etc.
If it was your intention that the money you provided to her was for the divorce filing fee with the court and she has still not filed a Petition for Dissolution, you may move forward with filing a Petition for Dissolution of Marriage on your own. The divorce filing fee is only required to initiate the case and is only paid by the petitioner.
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Once the case is initiated, the other party will be served with copies of the filings and should simply file any responsive pleadings or documents under the case number established.
If your wife has filed the Petition for Dissolution, you may move the case forward by filing a request for a preliminary hearing to address issues of custody, parenting time, child support, payment of joint debts, possession of property, etc. during the pendency of the action.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.