By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024
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The divorce process 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.
Here, we'll describe the divorce process in Indiana. We will also briefly touch on how the Indiana family courts handle such issues as alimony, child custody, and property division.
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, plus links to relevant laws.
| 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 for six months immediately preceding divorce filing. You must also be a county resident for three months. |
| Waiting period before divorce is finalized | There is a 60-day mandatory waiting period before the judge can issue your Petition for Dissolution. |
| The petition for dissolution | A Petition for Dissolution of Marriage must be verified and state:
|
| When a court may grant a summary dissolution in Indiana | According to Indiana Code § 31-15-2-13, 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:
|
| Related statutes | Indiana Code, Title 31, Article 15:
|
Note: State laws are subject to change through new legislation, higher court rulings in the higher courts, ballot initiatives, and other means. While we strive to provide the most current information, consult an Indiana divorce attorney or conduct research to verify your state's laws.
Before you head to the courthouse to file your divorce petition, ensure your ducks are in a row. You'll need to gather important information before submitting your divorce papers.
Some of the information and documentation you'll need include:
The courts require full financial disclosure. If you and your soon-to-be ex-spouse can't agree on property division, the judge will decide for you. The family law judge will rely on your financial information to determine property division, alimony, and child support.
Your spouse must also submit their financial information. If you believe your spouse has moved or hidden assets, inform your divorce attorney immediately. They can hire a forensic accountant or private investigator to track the missing assets.
Besides gathering the above information, you should know what kind of parenting plan you want. This includes the following:
Your attorney will ask these questions during your initial consultation. If you're representing yourself, be prepared to raise these questions with your spouse. All the courts care about when determining custody is the best interests of the child. If you leave the custody decision to the judge, they may not honor your wishes.
Finally, you must decide which type of divorce to file. Consider a no-fault divorce if you and your spouse are on amicable terms. This creates less animosity between you and your spouse.
Ask your spouse if they'll agree to the divorce terms before you file your divorce petition. This way, you can file an uncontested divorce. You'll submit a copy of your marital settlement agreement and divorce forms. Uncontested divorces are cheaper and take much less time than a contested divorce.
You must be able to afford the divorce filing fee. You can ask the court for a waiver if you cannot pay the fee. There is no guarantee they will approve your request.
Before you file your divorce petition, you must decide which type of divorce to file. Indiana recognizes both no-fault and fault-based grounds for divorce.
According to Ind. Code § 31-15-2-3(1), to qualify for a no-fault divorce, you must certify to the court that there has been an irretrievable breakdown of your marriage. You must also confirm that there is no chance of reconciliation.
If you opt for a fault-based divorce case, you must cite specific grounds for divorce. We'll discuss these in more detail in the following section.
Each state has specific grounds for divorce. You can file a fault or no-fault divorce. The Indiana courts only recognize four grounds for divorce. Only three of these are fault-based.
In Indiana, the grounds for divorce are:
Irretrievable breakdown is a no-fault divorce, while the other grounds listed above apply to at-fault divorces.
If your divorce lawyer files a fault-based divorce, you must submit proof of your spouse's marital misconduct or condition. Remember that blaming your spouse for the demise of your marriage may make the divorce proceedings less amicable. You must decide whether it's worth citing specific marital misconduct.
The Indiana divorce process depends on whether you file an uncontested or contested divorce. In an uncontested divorce, the parties agree that divorce is the best option. They also agree on the material terms of the divorce.
In a contested divorce case, the parties disagree on divorce terms. Some of the more contentious legal issues in this type of divorce include:
Your lawyer will try to negotiate a settlement with your spouse's lawyer. If this isn't possible, your case will go to trial. At trial, each side can argue their case to the judge. The judge will ultimately decide on these legal issues.
Getting a divorce can be stressful and emotionally taxing. Hiring a legal professional can ease some of the stress and ensure that someone is protecting your legal rights.
If you have questions about getting a divorce, speak with a local attorney who can guide you through the Indiana divorce process.
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