Executive Summary
In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as the marriage date and the date of separation. The petition must be filed with the appropriate court. Once filed, the other spouse must be formally notified. After filing, there is a minimum 60-day waiting period before the divorce can be finalized. Indiana Courts follow an equitable distribution system with a presumption of a 50/50 split of the marital property unless the court determines that an unequal division of property is just and reasonable. The court will also make a determination on child custody based on the best interests of the child and calculate child support. Spouses can come to an agreement on their own for all issues and expedite the process, provided that the court approves such an agreement.
Step 1: Confirm You Meet Indiana’s Residency Requirements
Before filing, at least one spouse must meet both of the following residency requirements:
- 6 months of residency in Indiana
- 3 months of residency in the county where the petition is filed
These rules are mandated under Indiana Code §31‑15‑2‑6.
Step 2: Choose Your Grounds for Divorce
Indiana allows for the following grounds for divorce.
- Irretrievable breakdown of the marriage (This is the simplest and most frequently used basis)
Indiana also recognizes:
- Felony conviction of either spouse after the marriage
- Impotence at the time of marriage
- Incurable insanity lasting at least two years
These grounds are authorized under IC 31‑15‑2‑3.
Step 3: Gather Required Documents and Financial Information
Your divorce petition must include:
- Names, ages, and addresses of minor or dependent children
- Marriage date and date of separation (this will typically be the date you file for divorce)
Step 4: Prepare and File Your Petition
To start the case, you’ll file a Petition for Dissolution of Marriage in the appropriate Circuit or Superior Court. Indiana requires specific formatting on the petition, including proper case captioning. Additional forms often include:
- Summons
- Appearance form
- Motions for temporary orders (if needed)
Many counties require or encourage e‑filing, and attorneys must use the state’s Odyssey electronic filing system. Filing fees generally range from $157 to $177, depending on the county.
Step 5: Serve Your Spouse
Once filed, the other spouse must be formally notified. Service is typically completed by sheriff, certified mail, or service processor.
Step 6: Observe Indiana’s Mandatory 60‑Day Waiting Period
Indiana law requires a minimum 60‑day waiting period from the date of filing before the divorce can be finalized. This is required under IC 31‑15‑2‑10 and cannot be waived.
During this period, couples may:
- Negotiate settlement terms
- Attend hearings for temporary orders
- Conduct discovery
- Work through mediation if needed
Although the minimum waiting period is 60 days, many divorces can take much longer.
Step 7: Resolve Property Division, Custody, and Support
Indiana follows an equitable distribution system with a presumption of a 50/50 split of marital property — known as the “one‑pot rule,” which includes assets and debts acquired before and during the marriage unless proven otherwise.
Although a 50/50 split of marital property is presumed to be just and reasonable, a court may deviate from this split if they find that an uneven split is equitable.
Child Custody & Support
Courts make custody decisions based on the best interests of the child, considering eight statutory factors. Child support is calculated using the Income Shares Model.
Step 8: Determine Whether Your Divorce Is Uncontested or Contested
Uncontested Divorce
If both spouses agree on all issues (property, custody, support, debts), the case proceeds more quickly and may not require a hearing. Judges review the agreement and sign the final decree if approved.
Contested Divorce
If spouses cannot agree, the case moves to:
- Discovery
- Motion hearings
- Settlement conferences
- Mediation
- Trial
Contested divorces can take months to years depending on complexity.
Step 9: Final Hearing and Decree of Dissolution
If required, the court holds a final hearing to determine:
- Residency requirements are met
- Grounds for divorce exist
- Fair and lawful property division, child custody, and child support
The court then issues a Decree of Dissolution of Marriage, legally ending the marriage. Uncontested cases may be finalized without a hearing if all paperwork is in order.
Final Thoughts
The Indiana divorce process is structured, but manageable when you understand each step. Whether you are pursuing an uncontested solution or preparing for a more complex contested case, knowing the requirements early helps you avoid delays and costly mistakes.
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you navigate every stage — from filing to final decree. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement