Divorce in Indiana

Overview of Indiana Divorce Law

Indiana is a no-fault divorce state that refers to the legal process as “dissolution of marriage.” Under I.C. Section 31-15-2-3, the sole recognized ground for dissolution is the irretrievable breakdown of the marriage. Neither spouse needs to prove wrongdoing or assign blame to obtain a divorce.

This streamlined approach means the court focuses on practical issues — property division, custody, and support — rather than on the reasons the marriage failed. Indiana law does not permit fault-based grounds as an independent basis for filing, though conduct during the marriage may be considered in certain property and custody decisions.

Residency Requirements

Indiana imposes a dual residency requirement. At least one spouse must have been a resident of the state of Indiana for six months and a resident of the county where the petition is filed for three months before filing. The petition is filed in the circuit or superior court of the county where either spouse resides.

Active-duty military personnel stationed in Indiana may satisfy the residency requirement through their military assignment.

Grounds for Dissolution

Indiana recognizes only one ground for dissolution under I.C. Section 31-15-2-3:

• Irretrievable breakdown of the marriage

There are no fault-based alternatives. The court may also grant a legal separation if one spouse objects to dissolution on religious grounds, though this is uncommon.

Filing Fees and Costs

The filing fee for a dissolution petition in Indiana is approximately $150 to $185, depending on the county. Marion County, for example, charges around $157. Additional costs may include service of process, mediation fees, parenting class fees, and the cost of preparing a settlement agreement. For a more detailed cost estimate, see our divorce cost calculator.

Waiting Period

Indiana imposes a mandatory 60-day waiting period from the date the dissolution petition is filed. The court cannot issue a final decree until at least 60 days have passed. In practice, most contested dissolutions take considerably longer, but even fully uncontested cases must wait the full 60 days. The waiting period serves as a cooling-off period and cannot be waived.

Property Division: Equitable Distribution

Indiana follows an equitable distribution approach with a significant twist. Under I.C. Section 31-15-7-5, the court begins with a presumption that an equal division of marital property is just and reasonable. Either party can then present evidence that an equal split would not be equitable.

A distinctive feature of Indiana law is that all property owned by either spouse is part of the marital estate, regardless of when it was acquired. This includes property obtained before the marriage, gifts, and inheritances. While the court can consider the source and timing of property acquisition when deciding how to divide it, nothing is automatically excluded.

Factors the court considers in deviating from an equal split include:

• Each spouse’s contribution to the acquisition of property
• The extent to which property was acquired before the marriage or by gift or inheritance
• Economic circumstances of each spouse at the time of disposition
• Conduct of the parties during the marriage relating to disposition or dissipation of assets
• Earnings or earning ability of each party
• Any tax consequences of the division

Spousal Support (Spousal Maintenance)

Indiana has one of the more restrictive spousal maintenance frameworks in the country. Under I.C. Section 31-15-7-2, spousal maintenance is available only in three specific situations:

1. Incapacitated spouse — A spouse who is physically or mentally incapacitated to the extent that self-support is materially affected
2. Caretaker of an incapacitated child — A spouse who must forgo employment to care for a child with a physical or mental incapacity
3. Rehabilitative maintenance — Support for up to three years to allow a spouse to complete education or training necessary for employment

Indiana does not provide for long-term or permanent alimony outside of the incapacity exception. This limited approach to maintenance makes the property division phase of an Indiana dissolution particularly consequential.

The Indiana Dissolution Process

1. Filing the Petition — One spouse files a Petition for Dissolution of Marriage with the circuit or superior court and pays the filing fee.
2. Serving the Other Spouse — The petition and summons must be served on the other party. The responding spouse has 20 days to file a response.
3. Provisional Orders — Either party may request provisional (temporary) orders for support, custody, and use of assets while the case is pending.
4. Financial Disclosure — Both parties must disclose their income, assets, debts, and expenses through mandatory financial declarations.
5. Mediation — Many Indiana counties require mediation before allowing a contested case to proceed to trial.
6. Parenting Class — If minor children are involved, both parents must complete a court-approved parenting coordination class.
7. Final Hearing or Trial — For uncontested cases, a brief final hearing confirms the agreement. For contested cases, a judge decides all remaining issues at trial.
8. Decree of Dissolution — After the 60-day waiting period and resolution of all issues, the court enters a Final Decree of Dissolution.

For a broader understanding of the process, read our complete guide to divorce.

When to Consult an Attorney

Indiana’s inclusion of all property in the marital estate — including premarital assets, gifts, and inheritances — makes the property division stage uniquely high-stakes. Combined with the state’s limited spousal maintenance options, the financial outcome of your dissolution can hinge on how effectively your case is presented. If your case involves significant assets, a business, retirement accounts, or custody disputes, consulting an experienced Indiana family law attorney is strongly recommended. You can request a free consultation to discuss your situation.

Frequently Asked Questions

How long does a divorce take in Indiana?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce in Indiana can typically be finalized in a few months, while contested cases may take a year or longer depending on the complexity of the issues involved.

What are the residency requirements to file for divorce in Indiana?

Indiana requires that at least one spouse meet the state’s residency requirement before filing. Check Indiana’s specific residency period, as it varies from state to state and may also require residency in the county where you file.

Is Indiana a community property or equitable distribution state?

This determines how marital property is divided. Community property states split assets roughly 50/50, while equitable distribution states divide property based on what the court considers fair. The distinction significantly affects your financial outcome in a divorce.

Do I need a lawyer to get divorced in Indiana?

You are not legally required to hire a lawyer, but having legal representation is strongly recommended — especially when children, significant assets, or complex financial issues are involved. A Indiana family law attorney can protect your rights and help you avoid costly mistakes.

Can I get a divorce in Indiana if my spouse does not agree?

Yes. Indiana allows you to proceed with a divorce even if your spouse does not consent. If your spouse does not respond to the divorce petition, you may be able to obtain a default judgment. The process takes longer, but the court will not force you to remain married.