How to File for Divorce in Indiana

Getting divorced in Indiana is similar to getting divorced in most other states. You’ll first submit the necessary court documents, notify your spouse, and potentially attend a hearing. However, Indiana divorce law has a few unique rules that you should consider before you begin the process, starting with the requirements to file.  

 

Indiana divorce laws

Indiana’s laws for divorce—officially termed “dissolution of marriage”—are outlined in Indiana Code (IC) § 31-15. Here are the requirements and permitted reasons to get a divorce: 

Residency requirements

In order to file for dissolution of marriage in Indiana, either you or your spouse must be a resident of Indiana for at least six months and a resident of the county for at least three months. If you’re a military service member stationed in Indiana but not a permanent resident, you can still file for divorce in the county where you’re stationed, provided you meet the same time requirements (i.e., you’ve been in Indiana for at least six months and in the county where you’re filing for at least three months). 

Grounds for divorce

Indiana recognizes at-fault and no-fault grounds for divorce. In an at-fault divorce, you must prove that your spouse is responsible for the marriage’s breakdown. According to IC § 31-15-2-3, there are three eligible grounds for at-fault divorce: 

• Felony conviction after marriage
• Impotence at the time of marriage
• Incurable insanity lasting at least two years

A no-fault divorce, on the other hand, doesn’t require you to prove wrongdoing. To get a no-fault divorce in Indiana, you need to state in the Petition for Dissolution of Marriage that “there has been an irretrievable breakdown.”

While no-fault divorce is generally quicker and less expensive, some spouses may choose an at-fault divorce if their partner’s misconduct significantly affects the marriage or joint finances. At-fault divorces can potentially influence property division or alimony arrangements, as courts have the discretion to consider marital misconduct when making these decisions. However, this isn’t a guarantee, and proving fault can be challenging and costly. 

In either case, whether at-fault or no-fault, you should ideally work with a family law or divorce attorney who can assess the specifics of your case and recommend the best way to proceed. 

Contested vs. uncontested divorce in IN

Divorces can also be categorized as contested and uncontested, with a few significant differences in the legal processes between the two. 

An uncontested divorce occurs when both partners agree on all major issues, specifically alimony, property division, child custody and support, and any child relocation (IC § 31-15-2-17). In these cases, it’s possible to get a summary dissolution decree and avoid a court hearing by submitting the following documents to the court (IC § 31-15-2-13): 

• A written waiver of the final hearing
• Either a statement that there are no contested issues OR an agreement settling any contested issues

In the event you and your spouse can’t agree, your divorce will become contested, which usually involves most of the steps below. While this typically means a longer court process, a contested divorce might be necessary if your spouse won’t negotiate fairly or if your separation involves complex financial matters.

How to get a divorce in Indiana in 8 steps

Even if your divorce is contested, it’s still in everyone’s best interests to work toward an agreement, if possible, to minimize the time, costs, and stress associated with a prolonged court process. If this isn’t feasible, here’s what you can do next: 

1. Consult a divorce attorney

While not mandatory, consulting a divorce attorney is highly recommended, regardless of which type of divorce you file. They’ll explain your obligations under Indiana law and represent your interests throughout the entire process, which is especially crucial if your spouse is uncooperative.  

Even if you don’t hire an attorney for full representation, at least consider scheduling an initial consultation (many divorce attorneys offer them for free) to understand your options and what they’ll provide. If you’d like to move forward, we can help you find an Indiana divorce attorney through our online network. 

You should also review the court procedures and general rules for representing yourself, which you can find through the Indiana Legal Help Center. 

2. Prepare divorce papers

You’ll need to prepare and file several documents to initiate the divorce process. The big ticket forms include the following: 

• Appearance: Officially notifies the court that you are representing yourself or that an attorney is representing you, including relevant contact information. Some counties may call this a domestic relations appearance form.
• Petition for dissolution of marriage: Outlines basic information about your marriage and states the grounds for divorce, as required by IC § 31-15-2-5. 
• Summons: Informs your spouse that you’ve filed for divorce and provides them with information about how to respond. 

Additional forms may be necessary depending on your situation, specifically whether you and your spouse agree on all marital issues and if minor children are involved.

Check out the Indiana Legal Help project from the Indiana Bar Association if you’re representing yourself, as it provides separate divorce packets for different scenarios. However, keep in mind that they still recommend you consult an attorney before submitting these forms.

3. File the petition

You may file the divorce petition and papers in a county where either of you meets the residency requirements. Depending upon the county, you will file in the Superior Court, Circuit Court, or Domestic Relations Court. You’ll also pay the filing fee, which is at least $157 but can vary, so you should check with the court clerk’s office directly. 

4. Serve divorce papers

After filing, you must serve your spouse with the divorce papers. Indiana allows several methods of service: 

• Certified mail. You may send papers using certified mail and request a return receipt. 
• Police or sheriff. Law enforcement may be able to deliver the documents, although this generally takes longer. 
• Direct service. You can hand-deliver papers to your spouse, but they must sign an affidavit and have it notarized. 
• Process server. Hire a professional to deliver the papers. 

Each county in Indiana may have slightly different rules and fees for serving papers. Always check with your county clerk’s office for specific procedures, and keep proof of service for your records. 

5. Financial disclosure

If the court needs to intervene to resolve disputes, you and your spouse must submit various financial disclosure forms and affidavits. This involves opening up your finances to the court and honestly presenting all assets, income, debts, and expenses. 

You’ll also need to submit supporting documents, such as bank statements or tax returns, to verify the information you provide. Hiding assets or providing false information can lead to serious legal consequences, so ensure you include all necessary information and consult an attorney if you need advice. 

6. Waiting period and response

After being served with the divorce papers, your spouse has 20-30 days (depending on the county) to respond in one of three ways: 

• They can agree to the terms outlined in your petition.  
• They could contest some or all issues in your petition. 
• If they don’t respond and can’t be reached after multiple attempts, the court may consider a default judgment and proceed with the case. 

Regardless of your spouse’s response (or lack thereof), Indiana divorce law requires a minimum 60-day waiting period after the initial filing before the court will hold a final hearing. This also depends on the court’s schedule, so the actual waiting period may be longer. 

7. Negotiate and settle

During the waiting period, if possible, you and your spouse are encouraged to negotiate settlements or attend mediation before the hearing date. Resolving disputes out of court comes with several advantages: 

• Control over outcomes. Working together allows both of you to create solutions that work best for your situations. This will require some give and take, but it may be better than having a court decide for you. 
• Cost-effective. Settling out of court is typically less expensive than a trial. 
• Time-saving. Agreements reached through negotiations can expedite the divorce process. 
• Confidentiality. Unlike court trials, mediation and direct negotiations remain private. 

If you reach a full agreement, you can submit it to the court for approval and you may be able to avoid trial entirely. 

8. Court hearing and final judgment

If you and your spouse still have unresolved issues after the waiting period, both parties and their attorneys (if any) must attend the court hearing. During the hearing, the judge reviews all information, including any partial agreements, and decides how to address the disputes. 

This might take several appearances or just one, but ultimately, the judge issues a final divorce decree and legally ends your marriage. In addition, the decree outlines terms for property division, child custody, support, and other relevant matters. 

How much does it cost to file for divorce in Indiana?

The cost to file for divorce in Indiana starts at $157, which is the standard fee for filing civil cases in the state. However, this can increase to $185, depending on the county and the method of service you use. If you can’t afford to pay the filing fee, you can submit a waiver request to the court along with your petition.  

The cost will increase if you hire an attorney, depending on how much work is involved, the divorce’s complexity, and whether your case proceeds to trial. For reference, the median cost of hiring an experienced divorce attorney in the U.S. is around $7,000, though specific rates in Indiana can be higher or lower. 

In addition, you might pay for private mediation services (if chosen), though you’ll generally split the mediator’s fees with your spouse. However, some counties may offer public mediation services, so it’s best to check with your court clerk’s office first. 

Property division in IN

A dissolution involves dividing property between you and your spouse. According to IC § 31-15-7-4, the court has discretion to divide all property owned by either spouse. Even property you owned before the marriage is marital property, although when you acquired it may be considered in dividing it.

The court’s role is to ensure “a just and reasonable” division of property, and there’s a presumption that an equal 50/50 distribution meets these criteria. However, one party can challenge this if able to prove an equal division would, in fact, not be just or reasonable. 

Alimony in Indiana

Alimony is called maintenance in Indiana. The court may award maintenance for specific reasons, as outlined in IC § 31-15-7-2: 

• Incapacity: The requesting spouse is physically or mentally incapacitated to the extent that they can’t support themselves. 
• Caregiving role: The requesting spouse lacks sufficient property to meet their needs, and they care for a child whose physical or mental incapacity requires them to forgo employment.
• Rehabilitation: Limited to three years, this helps a spouse gain education or training for employment, though the court will consider additional factors before granting rehabilitative maintenance. 

Alimony isn’t guaranteed in Indiana divorces, and the spouse seeking maintenance must prove they meet one of these criteria. If maintenance disputes arise during your separation, it’s advisable to hire an attorney to advocate for what you deserve. 

Child custody and support in IN

Courts aim to make child custody decisions in the child's best interests. The court considers several factors described in IC § 31-17-2-8, such as the child’s age, the parents’ wishes, and the child’s preferences (which are given more consideration if the child is 14 or older). 

Child support is determined by referring to the Indiana Child Support Guidelines. This model considers both parents’ incomes and the amount of time each parent spends with the child. As with custody, the court’s goal is to ensure the child’s needs are met while fairly distributing the responsibilities between both parents. 

FAQs

Can I get a divorce without a lawyer in IN?

Yes, you can get a divorce without a lawyer in Indiana, but it’s recommended to at least consult an attorney, particularly for complex cases involving children or disputes. The Indiana court system provides some resources for self-representation, but understanding and adhering to the legal procedures can be difficult. 

How long does a divorce take in Indiana?

The divorce process in Indiana takes at least 60 days from filing to finalization. However, many divorces take longer, anywhere from 3-12 months (and sometimes more), depending on case complexity. Moreover, if reconciliation seems possible, the judge may continue the case and order the parties to counseling. 

What is the easiest way to get a divorce in Indiana?

The easiest and quickest way to get a divorce in Indiana is through a Summary Dissolution Decree. This process is available for uncontested divorces where both parties agree on all issues. If spouses meet the requirements, they can potentially waive the final court hearing altogether. 

 

Edward A. Haman, Esq. contributed to this article.