The process for divorce varies by jurisdiction, since issues that involve family relations are governed at the state level. The time it takes to formalize a divorce also depends on whether the state requires a waiting period and if the divorce is contested or uncontested. For example, if the divorcing couple has children and can't come to an agreement regarding child custody, the divorce will take substantially longer than if the couple has no children.
Grounds for Divorce in Indiana
Although each state has specific grounds for divorce, they can generally be categorized as fault or no-fault divorce. In Indiana, the grounds for divorce are:
- Irretrievable breakdown of the marriage;
- Conviction of a felony (after the marriage);
- Impotence, if it existed at the time of the marriage; and
- Incurable insanity for at least two years.
Irretrievable breakdown is basically a no-fault divorce, while the other grounds listed above can be categorized as fault divorces.
Indiana Divorce Process at a Glance
Statutory language is rarely straightforward, which can be frustrating when people just want a quick answer to a legal question. For this reason, it's helpful to read an overview of the statute as well. In the following table, you'll find an overview of the divorce process in Indiana as well as links to relevant statutes.
Indiana Code, Title 31, Article 15, Chapter 2, Section 31-15-2-1, et seq. (Actions for Dissolution of Marriage)
|Residency Requirements to File for Divorce
At least one spouse must be a resident of Indiana or stationed at a military base in Indiana for six months immediately preceding divorce filing.
|Waiting Period Before Divorce is Finalized
The minimum amount of time before a divorce can be finalized is 60 days after the Petition for Dissolution is filed.
|The Petition for Dissolution
A Petition for Dissolution must be verified and set forth:
- Each party's residence and the length of residence in the state and county;
- The marriage date;
- The separation date;
- The name, age, and address of any living child under 21 and any incapacitated child of the marriage;
- The grounds for divorce; and
- The relief sought.
|When a Court May Grant a Summary Dissolution in Indiana
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:
- A written waiver of a final hearing; and
- A statement that there aren't any contested issues or a written agreement that settles any contested issues between the couple.
Indiana Code, Title 31, Article 15:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Indiana Divorce Process: Related Resources
For additional information and resources related to this topic, please visit the links listed below.
Get Legal Help with the Divorce Process in Indiana
Getting a divorce can be a stressful and emotionally-taxing experience. Luckily, having a legal professional can ease some of the stress and ensure that your interests are being represented. If you have questions about how to get a divorce, it's a good idea to speak with a local divorce attorney who can guide you through the Indiana divorce process.