Before filing for divorce in Indiana, you must meet certain residency requirements. Either you or your spouse must have lived in Indiana for at least six months immediately before filing. Additionally, one of you must have resided in the county where you plan to file for at least three months.
Indiana is a no-fault divorce state. This means you don't need to prove wrongdoing by either spouse. The most common ground for divorce in Indiana is that the marriage is irretrievably broken. Other grounds include impotence at the time of marriage, felony conviction during marriage, or incurable insanity for at least two years.
The divorce process typically takes at least 60 days from the date you file your petition for dissolution. This waiting period cannot be waived and gives both parties time to work through important issues like property division and child custody arrangements.
Required Divorce Papers and Forms
When filing for divorce in Indiana, you must prepare several essential documents. The petition for dissolution is the primary document that officially starts your divorce case. This petition must include specific information required by Indiana legal requirements.
Your petition for dissolution must contain both spouses' residences and length of residence in the state and county, the marriage date, separation date, names and addresses of all children under 21 or disabled, grounds for divorce, relief sought in the divorce case, and whether either party is a registered sex or violent offender.
You must also file an appearance form with the court. This document tells the court who you are and how to contact you throughout the divorce proceedings. Most counties provide these forms online or at the County Clerk's office.
Serving Divorce Papers
After filing your petition, you must properly serve your spouse with the divorce papers. Indiana legal procedures require proof of service before the court can proceed with your divorce case. Without proper service, your divorce cannot move forward.
Service options include certified mail with return receipt, personal service by a process server or sheriff, or having your spouse sign an acceptance of service. If you use certified mail, keep the return receipt as proof of service. Personal service typically costs around $28 if done by the sheriff's department.
Your spouse has 30 days to respond to the divorce papers after being served. If they don't respond within this timeframe, you may be able to proceed with a default divorce.
Property and Debts Division
Indiana follows equitable distribution laws for dividing property and debts. This means the court will divide marital assets fairly, though not necessarily equally. All property owned by either spouse during the marriage is generally considered marital property subject to division.
The court presumes that equal division is fair but may deviate based on several factors. These include each spouse's contribution to acquiring the property, the source of the property, each spouse's economic circumstances after divorce, and any conduct that wasted marital assets.
Common marital assets include the family home, vehicles, bank accounts, retirement accounts, investments, and personal property. Debts acquired during marriage are also typically divided between spouses, including mortgages, credit card debt, and loans.
Child Custody and Parenting Time
If you have minor children, your divorce case will address child custody and parenting time arrangements. Indiana courts make decisions based on the best interests of the child, considering factors like the child's relationship with each parent, home stability, and each parent's ability to provide care.
There are two types of custody in Indiana: legal custody and physical custody. Legal custody involves major decision-making authority about the child's education, healthcare, and religious upbringing. Physical custody determines where the child lives day-to-day.
Courts often award joint legal custody, allowing both parents to share decision-making responsibilities. Physical custody arrangements vary based on each family's circumstances, but the non-custodial parent typically receives parenting time according to Indiana Parenting Time Guidelines.
Child Support Calculations
Child support in Indiana follows state guidelines based on both parents' income and the number of children. The court uses a worksheet to calculate the appropriate support amount, considering factors like health insurance costs, daycare expenses, and extraordinary medical needs.
Both parents must complete and file a Child Support Obligation Worksheet (CSOW) if children are involved. This form provides the court with necessary financial information to determine fair support amounts. Child support orders remain in effect until the child reaches age 19 or graduates from high school, whichever occurs later.
The non-custodial parent typically pays support to the custodial parent. However, in joint physical custody arrangements, support calculations may be adjusted based on the time each parent spends with the children.
Filing Procedures and Costs
Filing for divorce in Indiana involves several steps and costs. The filing fee varies by county but typically ranges from $157 to $185. Additional costs may include service fees if you use the sheriff's department and copying fees for required documents.
Filing your divorce case involves several key actions:
- Complete all required forms accurately and completely
- Pay the filing fee or request a fee waiver if you qualify financiallyFile your petition and supporting documents with the court clerk
- Arrange for proper service of papers on your spouse
- Attend any required hearings or mediation sessions
You can file your divorce papers at the Circuit or Superior Court in your county. Court clerks can provide information about procedures but cannot give legal advice or help complete forms.
Timeline and Process Steps
The Indiana filing for divorce process follows a specific timeline. After filing your petition for dissolution, you must wait at least 60 days before the court can grant your divorce. This waiting period begins on the date you file, not when your spouse is served.
During the waiting period, you and your spouse can work on resolving contested issues. Many counties require mediation for couples with children to help reach agreements on custody and parenting time. Some courts also require divorcing parents to attend educational classes about the effects of divorce on children.
If you and your spouse agree on all issues, you may be able to waive the final hearing and submit your agreement to the court for approval. Otherwise, the court will schedule a final hearing where a judge will make decisions on any unresolved matters.
Common Divorce Timeline
Phase | Duration | Key Activities |
Filing and Service | 2-4 weeks | Prepare documents, file petition, serve spouse |
Discovery Period | 60-120 days | Exchange financial information, negotiate terms |
Resolution | 30-90 days | Mediation, settlement, or trial preparation |
Provisional Orders and Temporary Relief
During the divorce process, you may need temporary court orders to address immediate concerns. Provisional orders can address issues like temporary custody, child support, spousal support, and use of marital property while the divorce is pending.
The court can issue provisional orders for who will live in the family home, temporary child custody and parenting time arrangements, temporary child and spousal support payments, and payment of ongoing expenses like mortgage and utilities.
To request provisional orders, you typically need to file a motion with specific reasons why temporary relief is necessary. The court will schedule a hearing where both parties can present their arguments.
Working Without an Attorney
While you have the right to represent yourself in divorce proceedings, consider the complexity of your case before deciding to proceed without legal counsel. Simple, uncontested divorces with no children and few assets may be suitable for self-representation.
However, cases involving children, significant assets, or contested issues benefit from professional legal guidance. An attorney can help protect your rights, ensure proper completion of paperwork, and negotiate favorable terms in your settlement agreement.
If you choose self-representation, carefully review all forms and instructions. Many courts provide self-help resources and form packets for common divorce situations. Take advantage of these resources while remembering that court staff cannot provide legal advice.
Essential Documentation
Gathering proper documentation before filing helps streamline your divorce case. Important documents include recent tax returns, pay stubs, bank statements, retirement account statements, mortgage and loan documents, insurance policies, and records of valuable personal property.
Financial documentation helps establish the value of marital assets and determine appropriate support amounts. Keep copies of all documents in a safe place and organize them by category for easy reference during the proceedings.
If your spouse controls most financial records, you may need to request copies during the discovery process. Courts can order disclosure of financial information if one spouse fails to provide necessary documentation voluntarily.
Final Hearing and Decree
The final hearing concludes your divorce case if you and your spouse cannot reach a complete agreement. At this hearing, both parties present evidence and arguments about contested issues. The judge will make final decisions about property division, custody, support, and other matters.
If you reach a complete agreement before the final hearing, you may be able to waive this hearing and submit your settlement agreement for court approval. The agreement must address all issues including property division, child custody, and support obligations.
After the final hearing or approval of your agreement, the court will issue a decree of dissolution. This document officially ends your marriage and establishes both parties' rights and obligations going forward. Keep copies of all final documents for your records.
Post-Divorce Considerations
After your divorce becomes final, several important tasks require attention. Update your will, power of attorney, and other estate planning documents to reflect your new circumstances. Change beneficiaries on life insurance policies, retirement accounts, and other financial accounts.
If you have children, follow your custody and support orders carefully. Keep detailed records of support payments and parenting time exchanges. Any modifications to custody or support arrangements require court approval through a separate legal proceeding.
Consider working with financial advisors to restructure your finances and plan for your future. Divorce often requires significant financial adjustments, and professional guidance can help you make informed decisions about investments, insurance, and retirement planning.
Resources and Support
Various resources are available to help you through the divorce process in Indiana. Indiana Legal Help provides forms, instructions, and general information about divorce procedures. Many counties offer self-help centers with additional resources for self-represented parties.
If you have limited income, you may qualify for free or low-cost legal assistance through Indiana Legal Services. Bar associations in many counties provide lawyer referral services to help you find qualified legal representation.
Support groups and counseling services can help you cope with the emotional aspects of divorce. Many communities offer divorce support groups through religious organizations, community centers, or mental health providers.
The attorney client relationship provides confidential communication and professional advocacy throughout your case. Even if you handle most aspects of your divorce yourself, consulting with an attorney about complex issues can help protect your interests and ensure proper compliance with Indiana legal requirements.