Indiana Divorce Laws: Complete Legal Guide
Indiana dissolution of marriage law features a 60-day mandatory waiting period, a strong presumption of equal property division, and limited spousal maintenance availability. Understanding Indiana's irretrievable breakdown ground, equitable distribution system, residency requirements, and the simplified uncontested process is essential when navigating divorce in the Hoosier State.
Key Takeaways
- 60-day mandatory waiting period from filing date before divorce can be finalized
- 6-month residency requirement for at least one spouse before filing
- Irretrievable breakdown is the primary no-fault ground for divorce
- Strong presumption of equal (50/50) property division in Indiana
- Limited spousal maintenance - only for incapacity, custodial parent needs, or rehabilitative (max 3 years)
- Uncontested divorces often require no final hearing in many counties
- Indiana Child Support Guidelines use worksheet method for calculating support
Residency Requirements for Divorce in Indiana
Before filing for divorce in Indiana, you must meet residency requirements under IC 31-15-2-6 and IC 31-15-2-7:
State Residency Requirement
At least one spouse must have been a resident of Indiana for at least 6 months immediately before filing the Petition for Dissolution.
County Residency Requirement
You must file in a county where either spouse has resided for at least 3 months immediately before filing.
Where to File
File your Petition for Dissolution in the Circuit Court or Superior Court of the county where:
- You have resided for at least 3 months, OR
- Your spouse has resided for at least 3 months
Military Personnel
Active-duty military personnel stationed in Indiana meet the residency requirement as Indiana residents. Additionally, if your spouse is in the military, the Service members Civil Relief Act (SCRA) may provide additional protections and procedural requirements.
Grounds for Dissolution in Indiana
Indiana recognizes both no-fault and fault-based grounds for dissolution under IC 31-15-2-3.
No-Fault Ground: Irretrievable Breakdown
The most common ground is that "the marriage is irretrievably broken" (IC 31-15-2-3(1)).
Key points:
- No proof of fault required: You don't need to prove adultery, abuse, or any wrongdoing
- One party sufficient: If one spouse asserts the marriage is irretrievably broken, that is generally sufficient
- Most common ground: Used in the vast majority of Indiana divorces
- Simplified process: Faster and less contentious than fault-based grounds
Fault-Based Grounds
Indiana also recognizes fault-based grounds, though rarely used:
1. Felony Conviction (IC 31-15-2-3(2))
Conviction of a felony subsequent to (after) the marriage.
2. Impotence (IC 31-15-2-3(3))
Impotence of either party existing at the time of the marriage.
3. Incurable Insanity (IC 31-15-2-3(4))
Incurable insanity of either party for a period of at least two years.
Why Choose Irretrievable Breakdown?
Most Indiana divorces proceed on irretrievable breakdown grounds because:
- No need to prove fault or air private marital issues in court
- Faster and less expensive (no need for extensive evidence gathering)
- Less acrimonious - reduces conflict between spouses
- Fault generally doesn't significantly affect property division or custody in Indiana
The 60-Day Waiting Period
Indiana requires a mandatory 60-day waiting period under IC 31-15-2-10 before any dissolution can be granted.
How the 60 Days Works
- Starts when: The 60 days begins on the date you file your Petition for Dissolution (not the service date)
- Applies to all cases: Even completely uncontested divorces must wait the full 60 days
- Cannot be waived: The waiting period cannot be shortened or waived under any circumstances
- Calendar days: The 60 days are calendar days, not business days
Purpose of Waiting Period
The 60-day period provides:
- Time for reconciliation if either party reconsiders
- Cooling-off period to make thoughtful decisions about property and children
- Time to complete financial disclosures and settlement negotiations
- Opportunity for mediation or counseling
What Happens During the 60 Days
During the waiting period:
- You can continue to live together (separation not required)
- Exchange financial information through discovery
- Negotiate settlement terms
- Attend mediation if ordered or agreed
- Request temporary orders for support, custody, or protective orders if needed
Property Division in Indiana
Indiana is an equitable distribution state with a strong presumption of equal division under IC 31-15-7-4 and IC 31-15-7-5.
Presumption of Equal Division
Indiana law states that the court "shall presume that an equal division of the marital property between the parties is just and reasonable."
This means the starting point is a 50/50 split of marital property. However, the court can deviate from equal division if it finds that equal division would not be just and reasonable.
What is Marital Property?
Indiana has a very broad definition of marital property. Under IC 31-15-7-4(a), marital property includes:
- All property owned by either spouse at the time of dissolution, regardless of how or when acquired
- Property acquired before marriage
- Property acquired during marriage
- Property acquired by gift or inheritance
- Property titled in one or both names
Important: Unlike most states, Indiana presumes that all property of either spouse (whenever acquired) is marital property subject to division. There is no automatic exclusion for property owned before marriage or received by gift/inheritance.
Overcoming the Marital Property Presumption
While all property is presumed marital, courts can consider the source and timing of acquisition when determining just and reasonable division. Property may be awarded primarily or entirely to one spouse based on:
- Property was owned before the marriage
- Property was received by gift or inheritance
- Property was kept separate and not commingled during marriage
- Short marriage duration and property existed before marriage
Factors for Deviating from Equal Division
Under IC 31-15-7-5, courts consider relevant factors when dividing property, including:
| Factor | Description |
|---|---|
| 1. Contributions to Acquisition | Contribution of each spouse to acquisition of property (monetary and homemaker contributions) |
| 2. Extent of Property | Total value and nature of property owned by each spouse |
| 3. Economic Circumstances | Economic circumstances of each spouse at time property division takes effect |
| 4. Conduct During Marriage | Conduct of either spouse relating to disposition or dissipation of property |
| 5. Earnings and Earning Ability | Earning ability and income of each spouse |
| 6. Tax Consequences | Tax consequences of property division to each party |
Common Marital Assets
Marital Home
Options for dividing the marital home:
- Sale and division: Sell home and divide proceeds per court order
- One spouse keeps home: Refinances, pays other spouse their equity share
- Deferred sale: Custodial parent remains until children reach 18, then sell
- Award to one spouse: Court awards home to one spouse, adjusts other property to balance
Retirement Accounts and Pensions
Retirement benefits are marital property in Indiana:
- Entire account value typically subject to division (even if started before marriage)
- Courts may consider length of marriage and when benefits accrued
- Division requires Qualified Domestic Relations Order (QDRO) for most plans
Debts
Marital debts are also divided equitably:
- Credit card debt
- Mortgages and home equity loans
- Car loans
- Student loans
- Personal loans
Courts consider when debts were incurred, their purpose, and who benefited when allocating debt responsibility.
Spousal Maintenance in Indiana
Indiana has limited spousal maintenance compared to many states. Under IC 31-15-7-2, maintenance is only awarded in specific circumstances.
When Maintenance Can Be Awarded
1. Physical or Mental Incapacity
The court may find that maintenance is necessary for a spouse if that spouse:
- Is physically or mentally incapacitated to the extent that the ability to support themselves is materially affected, AND
- The incapacity existed during the marriage or shortly thereafter
Duration: Maintenance continues as long as the incapacity exists. This is Indiana's only form of potentially "permanent" maintenance.
2. Custodial Parent of Incapacitated Child
The court may find maintenance is necessary if the spouse:
- Has custody of a child whose physical or mental incapacity requires the custodial parent to forgo employment, AND
- This situation existed during the marriage or arose after dissolution
3. Rehabilitative Maintenance (Maximum 3 Years)
The court may award maintenance for up to 3 years if:
- The spouse lacks sufficient property (including marital property awarded) to provide for their needs, AND
- The spouse is the custodian of a child whose circumstances make it appropriate for them not to seek employment outside the home, OR
- The spouse requires education or training to find appropriate employment
Rehabilitative maintenance is designed to help a spouse become self-sufficient through education, training, or work experience. Maximum duration is 3 years.
No Long-Term Maintenance
Unlike many states, Indiana does not provide for long-term or "permanent" maintenance based on:
- Length of marriage
- Standard of living during marriage
- Income disparity between spouses
- Age of spouse
The only way to receive maintenance beyond 3 years is based on physical or mental incapacity that prevents self-support.
Calculating Maintenance Amount
Indiana law does not provide a formula for calculating maintenance amount. Courts have broad discretion considering:
- Financial resources of spouse seeking maintenance
- Standard of living during marriage
- Expenses and needs of each spouse
- Ability of payor spouse to pay while meeting their own needs
- Time needed to acquire education/training
- Cost of education/training programs
Child Custody and Support in Indiana
Child Custody
Indiana courts determine custody based on the best interests of the child standard under IC 31-17-2-8.
Types of Custody
- Legal custody: Authority to make major decisions (education, healthcare, religion)
- Physical custody: Where the child primarily resides
- Sole custody: One parent has legal and/or physical custody
- Joint custody: Both parents share legal and/or physical custody
Best Interests Factors
Under IC 31-17-2-8, courts consider:
- Age and sex of the child
- Wishes of the child (with consideration for child's age and maturity)
- Wishes of the parents
- Interaction and interrelationship with parents, siblings, and others
- Child's adjustment to home, school, and community
- Mental and physical health of all individuals involved
- Evidence of pattern of domestic or family violence
- Evidence that child has been cared for by de facto custodian
Child Support
Indiana uses the Indiana Child Support Guidelines to calculate child support. The guidelines use an "income shares" model.
Child Support Calculation
The calculation considers:
- Weekly gross income of both parents
- Number of children
- Parenting time (overnights with each parent)
- Work-related childcare costs
- Health insurance premiums for the children
- Extraordinary medical expenses
- Educational expenses
Indiana provides an online Child Support Calculator through the Indiana Child Support Bureau to estimate guideline support amounts.
The Indiana Dissolution Process
Step-by-Step Process
1. File Petition for Dissolution
File the following with Circuit or Superior Court:
- Petition for Dissolution of Marriage
- Summons
- Confidential Court Filing (with addresses and birthdates)
- Filing fee: Approximately $157-$180 (varies by county; fee waiver available if indigent)
2. Serve Your Spouse
Serve spouse with Summons and Petition within 60 days of filing:
- Service by certified mail with return receipt (if spouse accepts)
- Service by sheriff or process server
- Acceptance of service (spouse signs acknowledgment)
File proof of service with the court.
3. Spouse Responds
Spouse has 20 days to respond if served in Indiana (60 days if served outside Indiana):
- Files Answer agreeing or disagreeing with Petition
- Can file Counterclaim for Dissolution with different requests
- If no response, you can proceed with default after 60 days from filing
4. Preliminary Hearing (County-Specific)
Some counties require a preliminary hearing within 45 days to:
- Set deadlines for discovery and final hearing
- Discuss settlement possibilities
- Order mediation if appropriate
- Enter temporary orders if requested
5. Exchange Financial Information
Both parties complete and exchange Verified Financial Declaration (Form FL-CD-041) detailing:
- Income from all sources
- Monthly expenses
- Assets (real estate, vehicles, accounts, retirement, etc.)
- Debts (mortgages, loans, credit cards, etc.)
6. Negotiate Settlement or Litigate
If uncontested:
- Draft comprehensive Settlement Agreement addressing all issues
- Draft Parenting Plan if children (addressing custody and parenting time)
- Both parties sign agreements
If contested:
- Discovery (interrogatories, depositions, document requests)
- Mediation (may be court-ordered)
- Settlement conferences
- Final hearing or trial if no settlement
7. Wait 60 Days
The dissolution cannot be granted until at least 60 days have passed since filing the Petition.
8. Finalize Decree of Dissolution
After 60 days, submit final documents:
- Decree of Dissolution
- Settlement Agreement (if agreed)
- Parenting Plan and Child Support Worksheet (if children)
- Qualified Domestic Relations Order (if dividing retirement)
Uncontested: In many counties, judge signs decree without final hearing
Contested: Final hearing or trial where judge decides disputed issues
The divorce is final when the Decree is signed by the judge and entered by the clerk.
Timeline for Indiana Divorce
| Type of Divorce | Typical Timeline |
|---|---|
| Uncontested (Simple) | 3-5 months (60-day minimum + 1-2 months processing) |
| Uncontested (Complex Property) | 4-6 months |
| Contested (Moderate) | 6-12 months |
| Contested (Complex/Trial) | 12-18+ months |
Divorce Costs in Indiana
Court Costs and Filing Fees
- Filing fee: $157-$180 (varies by county)
- Service of process: $20-$50 (sheriff), $50-$100 (private process server)
- Fee waiver: Available if you cannot afford filing fees (file Application to Waive Fees)
Attorney Fees
- Uncontested dissolution: $1,000-$3,500 (often flat fee)
- Contested dissolution: $5,000-$25,000+ depending on complexity
- Hourly rates: $150-$400/hour depending on location and attorney experience
Additional Costs
- Mediator: $100-$300/hour (typically split between parties)
- Real estate appraisal: $300-$500
- Business valuation: $3,000-$15,000+
- QDRO preparation: $500-$1,500 per retirement account
Frequently Asked Questions
What are the grounds for divorce in Indiana?
Indiana recognizes both no-fault and fault-based grounds for divorce. No-fault: Irretrievable breakdown of the marriage (most common). Fault grounds include: conviction of a felony after marriage, impotence existing at time of marriage, and incurable insanity for at least two years. The irretrievable breakdown ground under IC 31-15-2-3 is used in the vast majority of Indiana divorces as it requires no proof of fault or wrongdoing by either spouse.
How long do you have to wait to get divorced in Indiana?
Indiana has a mandatory 60-day waiting period from the date you file your Petition for Dissolution before the court can grant the final divorce decree. This waiting period applies to all divorces, even if both parties agree on everything (uncontested). The 60 days cannot be waived. Additionally, Indiana has a 6-month residency requirement - at least one spouse must have been an Indiana resident for 6 months immediately before filing.
Is Indiana a community property or equitable distribution state?
Indiana is an equitable distribution state, not a community property state. Under IC 31-15-7-4, Indiana courts presume all property will be divided equally (50/50) between spouses, but can deviate from equal division based on relevant factors. The presumption is equal division unless the court finds this would not be just and reasonable. Courts consider factors including contributions to property acquisition, economic circumstances, earnings and earning ability, conduct during marriage that dissipated assets, and tax consequences.
How is spousal maintenance calculated in Indiana?
Indiana has limited spousal maintenance (called "spousal maintenance" or "spousal support" in IN) compared to many states. Under IC 31-15-7-2, maintenance is only awarded in three specific situations: (1) Physical or mental incapacity - spouse is physically or mentally incapacitated to the extent they cannot support themselves; (2) Custodial parent - spouse has custody of child whose physical or mental incapacity requires the spouse to forgo employment; (3) Rehabilitative maintenance - up to 3 years for spouse to acquire education/training for appropriate employment. Indiana does not have long-term or permanent maintenance except for incapacity cases.
Can you get a divorce in Indiana without going to court?
In most Indiana counties, if your divorce is uncontested (both spouses agree on all issues), you can complete the divorce without a final hearing. You file a Settlement Agreement addressing all issues, and if everything is in order, the judge signs the Decree of Dissolution without requiring your appearance. However, some counties require a brief final hearing even for uncontested cases. You must still file with Circuit or Superior Court, wait the 60-day period, and submit all required forms. Contested divorces require hearings and potentially trial.
Does Indiana require separation before divorce?
No, Indiana does not require physical separation before filing for divorce. You can file immediately without any separation period. However, there is a mandatory 60-day waiting period AFTER you file before the divorce can be finalized. During this 60-day waiting period, you can continue to live together - physical separation is not required. The date of final separation may affect property division, as property acquired after separation may be considered separate rather than marital.
How long does a divorce take in Indiana?
Indiana divorce timeline: Uncontested divorce takes minimum 60 days (mandatory waiting period) plus 1-3 months for paperwork and processing, totaling approximately 3-5 months. Contested divorce typically takes 6-18 months or longer depending on complexity, discovery needs, custody disputes, and court scheduling. The 60-day waiting period starts when you file your Petition for Dissolution. Even if you agree on everything, the divorce cannot be finalized before 60 days have passed from filing.
Finding Legal Help
If you're considering dissolution of marriage in Indiana, consulting with an experienced family law attorney can help you understand your rights and options. An attorney can:
- Advise on property division and navigating Indiana's presumption of equal division
- Draft comprehensive settlement agreement protecting your interests
- Determine if you qualify for spousal maintenance under Indiana's limited grounds
- Develop parenting plan that serves children's best interests
- Calculate child support using Indiana guidelines
- Represent you in negotiations or trial if necessary
To find a qualified family law attorney in Indiana:
- Indiana State Bar Association Lawyer Referral Service: www.inbar.org - 1-800-266-2581
- Indianapolis Bar Association Lawyer Referral: For Marion County area attorneys
- Indiana Legal Services: Free legal help for low-income Indiana residents
Legal Disclaimer
This guide provides general information about Indiana dissolution of marriage laws and is not intended as legal advice for any specific situation. Family law is complex and fact-specific. Court interpretations and procedural requirements can vary by county. For advice about your specific case, consult with a licensed Indiana family law attorney who can evaluate your circumstances and provide guidance tailored to your situation.