Divorce in Indiana (2026)

Indiana as a Pure No-Fault Divorce State

Indiana is one of a small number of states that functions as an essentially pure no-fault divorce state in practice. Under I.C. Section 31-15-2-3, the primary and overwhelmingly used ground for dissolution is the irretrievable breakdown of the marriage. While the statute technically retains three fault-based grounds — felony conviction subsequent to marriage, impotence existing at the time of marriage, and incurable insanity for at least two years — these grounds are rarely invoked, and their presence does not change the fundamentally no-fault character of Indiana divorce proceedings.

Unlike states such as Texas or New York that allow fault to influence property division or maintenance awards, Indiana’s equitable distribution analysis under I.C. Section 31-15-7-5 focuses on economic factors rather than marital misconduct. The court begins with a presumption that an equal division of all marital property is just and reasonable, and the limited fault-based grounds do not provide the same strategic leverage that fault grounds carry in other states. This means that filing on a fault ground in Indiana rarely produces a materially different outcome than filing on irretrievable breakdown, which is why the vast majority of Indiana dissolutions proceed on the no-fault ground alone.

The practical effect of Indiana’s no-fault orientation is that the dissolution process centers on resolving financial and custodial issues rather than litigating the reasons for the marriage’s failure. This streamlined approach tends to reduce both the emotional toll and the litigation costs associated with divorce.

Overview of Indiana Divorce Law

Indiana refers to the legal process as a “dissolution of marriage.” Under I.C. Section 31-15-2-3, the most commonly used ground for dissolution is the irretrievable breakdown of the marriage, which does not require either spouse to prove wrongdoing. The court focuses on practical issues — property division, custody, and support — rather than on the reasons the marriage failed.

While irretrievable breakdown is the ground used in nearly all cases, Indiana law also permits three fault-based grounds: felony conviction subsequent to the marriage, impotence existing at the time of marriage, and incurable insanity for at least two years. Conduct during the marriage may also be considered in certain property and custody decisions.

Residency Requirements

Indiana imposes a dual residency requirement. At least one spouse must have been a resident of the state of Indiana for six months and a resident of the county where the petition is filed for three months before filing. The petition is filed in the circuit or superior court of the county where either spouse resides.

Active-duty military personnel stationed in Indiana may satisfy the residency requirement through their military assignment.

Grounds for Dissolution

Under I.C. Section 31-15-2-3, Indiana recognizes the following grounds for dissolution:

• Irretrievable breakdown of the marriage (no-fault)
• Felony conviction of a spouse subsequent to the marriage
• Impotence existing at the time of the marriage
• Incurable insanity of a spouse for at least two years

While the irretrievable breakdown ground is used in the vast majority of cases, Indiana does provide these fault-based alternatives. The court may also grant a legal separation if one spouse objects to dissolution on religious grounds, though this is uncommon.

Filing Fees and Costs

The filing fee for a dissolution petition in Indiana is approximately $150 to $185, depending on the county. Marion County, for example, charges around $157. Additional costs may include service of process, mediation fees, parenting class fees, and the cost of preparing a settlement agreement. For a more detailed cost estimate, see our divorce cost calculator.

Waiting Period

Indiana imposes a mandatory 60-day waiting period from the date the dissolution petition is filed. The court cannot issue a final decree until at least 60 days have passed. In practice, most contested dissolutions take considerably longer, but even fully uncontested cases must wait the full 60 days. The waiting period serves as a cooling-off period and cannot be waived.

Property Division: Equitable Distribution

Indiana follows an equitable distribution approach with a significant twist. Under I.C. Section 31-15-7-5, the court begins with a presumption that an equal division of marital property is just and reasonable. Either party can then present evidence that an equal split would not be equitable.

A distinctive feature of Indiana law is that all property owned by either spouse is part of the marital estate, regardless of when it was acquired. This includes property obtained before the marriage, gifts, and inheritances. While the court can consider the source and timing of property acquisition when deciding how to divide it, nothing is automatically excluded.

Factors the court considers in deviating from an equal split include:

• Each spouse’s contribution to the acquisition of property
• The extent to which property was acquired before the marriage or by gift or inheritance
• Economic circumstances of each spouse at the time of disposition
• Conduct of the parties during the marriage relating to disposition or dissipation of assets
• Earnings or earning ability of each party
• Any tax consequences of the division

Spousal Support (Spousal Maintenance)

Indiana has one of the more restrictive spousal maintenance frameworks in the country. Under I.C. Section 31-15-7-2, spousal maintenance is available only in three specific situations:

1. Incapacitated spouse — A spouse who is physically or mentally incapacitated to the extent that self-support is materially affected
2. Caretaker of an incapacitated child — A spouse who must forgo employment to care for a child with a physical or mental incapacity
3. Rehabilitative maintenance — Support for up to three years to allow a spouse to complete education or training necessary for employment

Indiana does not provide for long-term or permanent alimony outside of the incapacity exception. This limited approach to maintenance makes the property division phase of an Indiana dissolution particularly consequential.

The Indiana Dissolution Process

1. Filing the Petition — One spouse files a Petition for Dissolution of Marriage with the circuit or superior court and pays the filing fee.
2. Serving the Other Spouse — The petition and summons must be served on the other party. The responding spouse has 20 days to file a response.
3. Provisional Orders — Either party may request provisional (temporary) orders for support, custody, and use of assets while the case is pending.
4. Financial Disclosure — Both parties must disclose their income, assets, debts, and expenses through mandatory financial declarations.
5. Mediation — Many Indiana counties require mediation before allowing a contested case to proceed to trial.
6. Parenting Class — If minor children are involved, both parents must complete a court-approved parenting coordination class.
7. Final Hearing or Trial — For uncontested cases, a brief final hearing confirms the agreement. For contested cases, a judge decides all remaining issues at trial.
8. Decree of Dissolution — After the 60-day waiting period and resolution of all issues, the court enters a Final Decree of Dissolution.

For a broader understanding of the process, read our complete guide to divorce.

When to Consult an Attorney

Indiana’s inclusion of all property in the marital estate — including premarital assets, gifts, and inheritances — makes the property division stage uniquely high-stakes. Combined with the state’s limited spousal maintenance options, the financial outcome of your dissolution can hinge on how effectively your case is presented. If your case involves significant assets, a business, retirement accounts, or custody disputes, consulting an experienced Indiana family law attorney is strongly recommended. You can request a free consultation to discuss your situation.

Frequently Asked Questions

What are the residency and waiting period requirements for an Indiana divorce?

Indiana requires at least one spouse to have been a resident of the state for six months and a resident of the filing county for three months. Indiana imposes a mandatory 60-day waiting period from the date the petition is filed, which cannot be waived even in fully uncontested cases.

How does Indiana divide property in divorce?

Indiana follows equitable distribution with a distinctive twist: under I.C. Section 31-15-7-5, all property owned by either spouse is part of the marital estate, regardless of when it was acquired — including pre-marriage assets, gifts, and inheritances. The court begins with a presumption of equal division, then may adjust based on contributions, economic circumstances, and conduct during the marriage.

Does Indiana award long-term alimony?

No. Indiana is one of the most restrictive states for spousal maintenance. Under I.C. Section 31-15-7-2, maintenance is available only for an incapacitated spouse, a spouse caring for an incapacitated child, or as rehabilitative maintenance limited to a maximum of three years to allow a spouse to complete education or training. Indiana does not provide permanent alimony.

Is Indiana a no-fault divorce state?

Indiana is primarily a no-fault state. Under I.C. Section 31-15-2-3, the most commonly used ground is the irretrievable breakdown of the marriage. However, the statute also recognizes three fault-based grounds: felony conviction subsequent to the marriage, impotence existing at the time of marriage, and incurable insanity for at least two years. Conduct during the marriage may also be considered in property and custody decisions.

Can I keep my premarital assets separate in an Indiana divorce?

Not automatically. Unlike most states, Indiana includes all property owned by either spouse in the marital estate under I.C. Section 31-15-7-4, regardless of when or how it was acquired. However, the court may consider the source and timing of acquisition when deciding whether to deviate from the presumption of equal division. This means premarital assets, gifts, and inheritances are not excluded but may be weighted in the division analysis.

How long does an Indiana divorce take?

The minimum timeline is 60 days due to the mandatory waiting period under I.C. Section 31-15-2-6. In practice, uncontested dissolutions where both parties agree on all issues typically take two to three months. Contested cases involving disputes over property, custody, or support can take six months to two years or more depending on the complexity and court scheduling.

How This Guide Was Researched

This guide draws on the Indiana Code Title 31, Article 15 (dissolution of marriage), with particular focus on I.C. Section 31-15-2-3 (grounds for dissolution), I.C. Section 31-15-7-4 and 31-15-7-5 (division of property and the equal-division presumption), I.C. Section 31-15-7-2 (spousal maintenance limitations), and I.C. Section 31-15-2-6 (60-day waiting period). Filing procedures and fee information were confirmed through the Indiana Judicial Branch Self-Service Legal Center. The discussion of Indiana’s all-property-in approach to equitable distribution was verified against Indiana appellate case law and Indiana Legal Services publications.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• I.C. §§ 31-15-2-3 (grounds for dissolution: irretrievable breakdown, felony conviction, impotence, incurable insanity)
• I.C. §§ 31-15-7-4 and 31-15-7-5 (property division: all property included in marital estate, presumption of equal division, factors for deviation)
• I.C. § 31-15-7-2 (spousal maintenance: incapacity, caretaker, and rehabilitative maintenance limited to three years)
• I.C. § 31-15-2-6 (mandatory 60-day waiting period)
• I.C. § 31-15-6-1 (provisional orders during dissolution proceedings)

Official Indiana Resources

• Indiana Judicial Branch — Self-Service Legal Center
• Indiana Self-Service Legal Center — Family Legal Resources

Additional Indiana Resources

• Indiana Legal Services — Family Law
• Indiana State Bar Association — Find a Lawyer

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• The Divorce Process and Grounds in Indiana
• Divorce in Indiana: A Complete Overview
• Child custody in Indiana
• Child support in Indiana
• Complete guide to divorce
• How much divorce costs
• Property division in divorce
• Mediation vs. litigation