{"id":373223,"date":"2019-01-28T13:55:36","date_gmt":"2019-01-28T18:55:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-divorce-process.html"},"modified":"2024-12-20T16:45:47","modified_gmt":"2024-12-20T21:45:47","slug":"indiana-divorce-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-divorce-process.html","title":{"rendered":"Indiana Divorce Process"},"content":{"rendered":"\n
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Indiana Divorce Process<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The divorce process<\/a> varies by jurisdiction. Indiana law governs the legal issues you encounter in your divorce case. You should review Indiana’s divorce laws if you’re considering filing for divorce. Do this before you file your divorce papers.<\/p>\r\n

Here, we’ll describe the divorce process in Indiana. We will also briefly touch on how the Indiana family courts<\/a> handle such issues as alimony, child custody, and property division.<\/p>\r\n

Indiana Divorce Process at a Glance<\/b><\/h2>\r\n

Trying to make sense of statutory language can be frustrating. It’s helpful to read an overview of the statute as well. In the following table, you’ll find an overview of Indiana’s divorce process<\/a>, plus links to relevant laws.<\/p>\r\n\r\n
Statutes<\/th>\r\n

Indiana Code, Title 31, Article 15, Chapter 2, Section 31-15-2-1<\/a>, et seq. (Actions for Dissolution of Marriage)<\/p>\r\n<\/td>\r\n<\/tr>

Residency requirements to file for divorce<\/th>\r\nAt least one spouse must be a resident of Indiana for six months immediately preceding divorce filing. You must also be a county resident for three months.<\/td>\r\n<\/tr>
Waiting period before divorce is finalized<\/th>\r\n

There is a 60-day mandatory waiting period before the judge can issue your Petition for Dissolution.<\/p>\r\n<\/td>\r\n<\/tr>

The petition for dissolution<\/th>\r\n

A Petition for Dissolution of Marriage must be verified and state:<\/p>\r\n

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  • Each party’s residence and the length of residence in the state and county<\/li>\r\n
  • The marriage date<\/li>\r\n
  • The separation date<\/li>\r\n
  • The name, age, and address of any living child under 21 and any incapacitated child of the marriage<\/li>\r\n
  • The grounds for divorce<\/li>\r\n
  • The relief sought<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
When a court may grant a summary dissolution in Indiana<\/th>\r\n

According to Indiana Code \u00a7 31-15-2-13<\/a>, a court can grant a summary dissolution decree without a final hearing if a verified pleading, signed by both parties, has been filed with the court and contains:<\/p>\r\n

Related statutes<\/th>\r\n

Indiana Code, Title 31, Article 15:<\/p>\r\n