{"id":373254,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-legal-requirements-for-divorce.html"},"modified":"2024-03-13T10:46:03","modified_gmt":"2024-03-13T15:46:03","slug":"indiana-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-legal-requirements-for-divorce.html","title":{"rendered":"Indiana Divorce Laws"},"content":{"rendered":"\n
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Indiana Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\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

Divorce laws vary from state to state. For instance, some states have residency requirements you must meet before filing for divorce. Others have mandatory waiting periods for the judge to issue your final divorce decree.<\/p>\r\n

Indiana’s divorce laws are similar to those of most other states. All states offer a no-fault divorce<\/a>, including Indiana. The divorce process in Indiana is also comparable to that of other states.<\/p>\r\n

Here, we\u2019ll provide a brief overview of divorce laws in Indiana. We will also discuss the types of divorces you can file in Indiana. Please visit the chart below and links to additional Indiana divorce resources.<\/p>\r\n

Legal Requirements for Divorce in Indiana<\/h2>\r\n

As stated above, you must meet residency requirements to file for divorce in Indiana. You or your spouse must live in-state for six months before filing for divorce. You, or your spouse, must also live in the county for three months preceding your divorce filing. You\u2019ll file your petition for dissolution of marriage in the county you live in or your spouse lives in.<\/p>\r\n

There is also a mandatory waiting period in Indiana. According to the Indiana courts, the judge can\u2019t finalize your divorce for at least 60 days. This is understandable, given that your spouse (the respondent) has 30 days to file their answer.<\/p>\r\n

Types of Divorce in Indiana<\/h2>\r\n

There are two types of divorce cases in Indiana – contested and uncontested. You will file an uncontested divorce if you and your spouse agree to most divorce terms. These cases resolve much more quickly than contested divorce cases<\/a>.<\/p>\r\n

The parties already have a marital settlement agreement in an uncontested divorce case. This agreement outlines the terms of the divorce. The parties submit a copy of this agreement to the judge for approval.<\/p>\r\n

Once the judge approves your agreement, they will issue your final decree of divorce. The requisite 60-day waiting period is still in effect.<\/p>\r\n

In a contested divorce, you and your spouse may agree on some things but not others, or on nothing at all. Once your spouse files their answer, your Indiana divorce lawyer will work hard to negotiate a marital settlement agreement. You may have to go to trial if they can’t do this.<\/p>\r\n

Some of the issues that cause contested divorces include the following:<\/p>\r\n