Divorce in Indiana
In Indiana, divorce is a no-fault process, which means you don’t need to prove wrongdoing. Either spouse can file if one of you has lived in the state for at least 6 months and in the county where you file for at least 3 months.
The process begins when you file a petition for dissolution with the court and pay the filing fee (typically $157–$185). You must then legally serve your spouse with divorce papers.
Indiana requires a 60-day waiting period before your divorce can be finalized. During this time, you and your spouse must resolve issues such as property division, child custody, child support, and spousal support. If agreements are reached, the court can finalize your divorce without trial; otherwise, a judge will decide.
You can represent yourself in a simple, uncontested divorce or work with an attorney for more complex cases.
Do I need my spouse’s agreement to file for divorce in Indiana?
No. Indiana is a no-fault divorce state. You can file even if your spouse does not agree, as long as residency requirements are met.
How long does it take to finalize a divorce in Indiana?
There is a mandatory 60-day waiting period after filing. Contested cases may take longer, depending on court schedules and disputes.
Can I file for divorce in Indiana if I just moved here?
You must live in Indiana for 6 months and in your county for 3 months before filing. If you don’t meet these requirements yet, you may need to wait.
Legal Process in Indiana
Step 1: File Petition & Pay Fee
Start the process by filing a petition for dissolution with your county court and paying the required fee.
Step 2: Serve Divorce Papers
Legally serve your spouse through certified mail, sheriff’s service, or signed acceptance.
Step 3: Exchange Financial Information
Both spouses must share financial disclosures and work out issues like property, custody, and support.
Step 4: Final Judgment
After the 60-day waiting period, submit final paperwork. If approved, the court issues a decree of dissolution, officially ending your marriage.