Family Law Questions? Ask a Family Lawyer Online.
I am an Indiana attorney.
You just need to file the Petition for Dissolution of Marriage. If you cannot locate her, you can serve her by publication in the newspaper.
In the divorce, the judge will order the assets divided, and can order her to quit claim the deed from both your names, to just your name. There is no way to get her off though without a court order.
You should also ask for provisional orders (orders that take effect during the pendancy of the divorce) that restrains her from accumulating new debt, or disposing of marital assets. Then you will divide up the assets, and debts. Though the court cannot order your name off the debts if she is unable to refinance them, you will still be liable for your joint debts.
So if she refuses the court order, I guess I would then go back into to court for a contempt order against her...damn, she left me with all the bills, and also took all the joint property and has probably disposed of it or would lie and thanks sir.
That is correct. If she refused to follow the court order, you would have her held in contempt of court. Even if she disposed of it, you can ask that it be set off against her in the dissolution.