Divorce in Indiana: Laws, Process, and Costs

A couple in Fort Wayne had been married for twelve years when the husband filed for divorce. He assumed his wife’s inheritance from her parents — a cabin and a brokerage account worth $180,000 — would stay off the table. His attorney explained the reality: Indiana is one of the few states where all property owned by either spouse, including pre-marital assets, inheritances, and gifts, goes into one pot for division. The court starts with a presumption of 50/50. His wife’s inheritance wasn’t automatically protected. What he thought would be a straightforward split turned into a negotiation over whether the judge should deviate from equal division — and the answer depended on facts he hadn’t considered.

Indiana’s “one pot” approach to property makes it different from most states. But understanding how the system works — the grounds available, the mandatory steps, what courts consider for property and support, and what it actually costs — helps you plan realistically and avoid expensive surprises.

This guide covers Indiana divorce law as it stands in 2026: grounds for divorce, the filing process, property division, spousal maintenance, child custody, costs, and timeline. For a broader overview, see our complete guide to divorce.

Grounds for Divorce in Indiana

Indiana recognizes both no-fault and fault-based grounds for divorce under IC 31-15-2-3.

No-Fault Ground: Irretrievable Breakdown

The most common ground is that the marriage is irretrievably broken. The filing spouse does not need to prove that the other spouse did anything wrong — only that the marital relationship has deteriorated to the point where reconciliation is not possible.

To file on this ground, the petitioner states in the divorce petition that the marriage is irretrievably broken. If the respondent disputes this, the court may continue the proceedings for up to 45 days to allow for reconciliation efforts. However, if either spouse maintains that the marriage is irretrievably broken after that period, the court will grant the divorce. Unlike states such as Tennessee, Indiana does not require both spouses to agree for a no-fault filing to proceed.

This is the only ground most Indiana divorces require.

Fault-Based Grounds

Indiana also recognizes these fault-based grounds:

1. Conviction of a felony after the marriage
2. Impotence existing at the time of the marriage
3. Incurable insanity for a period of at least two years

Indiana’s list is notably short. The state does not recognize adultery, cruelty, abandonment, or substance abuse as separate statutory grounds for divorce. However, evidence of these behaviors may still be relevant to determinations about custody, support, or property division.

Because the no-fault ground achieves the same result without requiring proof of misconduct, fault-based grounds are rarely alleged in Indiana.

Residency Requirements

Before filing for divorce in Indiana, at least one spouse must meet the residency requirements under IC 31-15-2-6:

• The filing spouse (or their spouse) must have been a resident of Indiana for at least six months before filing
• The filing spouse (or their spouse) must have been a resident of the county where the petition is filed for at least three months before filing

Both requirements must be met. If you recently moved to Indiana, you must wait until you satisfy the six-month state residency and three-month county residency before the court has jurisdiction over your case.

File in the circuit court or superior court in the county where either spouse resides.

Military members stationed in Indiana may meet the residency requirement based on their station assignment, even if their legal domicile is another state.

How to File for Divorce in Indiana

Step 1: Prepare Your Documents

Indiana’s divorce process begins with the Petition for Dissolution of Marriage. You’ll need:

• Petition for Dissolution of Marriage — states the grounds, identifies the parties, and requests specific relief (property division, custody, support)
• Summons — notifies your spouse of the action
• Financial declarations — both spouses must provide full financial disclosure

If filing an uncontested divorce where both spouses agree on all terms, you’ll also need:

• Settlement agreement — covers property division, debts, and spousal maintenance
• Parenting plan — required if there are minor children (covers custody, parenting time schedule, and child support)
• Verified waiver of final hearing — if you want to use summary disposition and skip the final hearing

Indiana courts provide self-service forms through the Indiana Self-Service Legal Center.

Step 2: File and Pay

File with the clerk of the circuit court or superior court in your county and pay the filing fee. Indiana filing fees are among the lowest in the country:

Contact your county clerk for the exact current fee. If you cannot afford the filing fee, you may file a Verified Motion for Fee Waiver under IC 33-37-3-2. Individuals with household income at or below 125% of the federal poverty level (approximately $19,000 for a single person or $26,000 for a two-person household in 2026) are presumed eligible.

Step 3: Serve Your Spouse

Your spouse must be formally served with the divorce papers. Indiana allows service by:

• County sheriff ($25 - $50)
• Private process server ($40 - $75)
• Certified mail
• Waiver of service — if the respondent voluntarily acknowledges receipt and signs a waiver
• Publication — if the spouse cannot be located ($50 - $200+)

After being served, the respondent has 20 days to file a response. If the respondent does not respond within 20 days, the petitioner may request a default judgment.

Step 4: Request Provisional Orders (If Needed)

Either party may request provisional orders (temporary orders) under IC 31-15-4-1 through 31-15-4-8 to address urgent issues while the divorce is pending:

• Temporary custody and parenting time arrangements
• Temporary child support and spousal maintenance
• Temporary use of marital property, such as the family home or vehicle
• Restraining orders preventing either party from dissipating assets
• Payment of debts and household expenses during the proceedings

Provisional orders remain in effect until the divorce is finalized or the court modifies them. These orders provide critical stability during the divorce process, especially when children are involved.

Step 5: Discovery and Negotiation

In contested cases, both sides exchange financial documents — tax returns, bank statements, pay stubs, retirement account statements, property appraisals, business valuations — through formal discovery. Discovery tools include written interrogatories, requests for production of documents, depositions, and subpoenas for third-party records.

Most Indiana divorces settle through negotiation or mediation without going to trial.

Step 6: Mediation

Indiana does not have a statewide mandatory mediation requirement, but many counties require mediation through local rules before a case can proceed to trial. Marion County (Indianapolis), Hamilton County, and several other counties require mediation as a matter of local practice.

Even where not required, courts frequently encourage mediation. A neutral mediator helps the spouses reach a voluntary agreement on contested issues. Mediation is typically less expensive, faster, and less adversarial than trial. Mediation sessions typically cost $100 to $300 per hour, split between the parties.

When a court orders mediation, it must generally be completed within 60 days.

Step 7: Wait Out the Mandatory Period

Indiana imposes a mandatory 60-day waiting period under IC 31-15-2-13. The court cannot enter a final decree until at least 60 days after the petition is filed. This waiting period:

• Applies to all divorces — contested and uncontested
• Cannot be waived by either party, their attorneys, or the judge
• Begins on the filing date, not the date of service

Step 8: Finalize

If the parties agree on all terms, they can use summary disposition under IC 31-15-2-14. Both spouses sign verified pleadings with a written waiver of the final hearing, and the court enters the decree without requiring anyone to appear. This is faster and cheaper than a contested divorce.

If the parties cannot agree, the case goes to trial. The judge hears evidence, decides all contested issues, and enters a Decree of Dissolution of Marriage covering property division, debt allocation, custody, parenting time, child support, and spousal maintenance.

Waiting Period and Timeline

The 60-day waiting period is the minimum. Here’s what different types of Indiana divorces actually look like in practice:

An uncontested divorce where both spouses have signed a complete settlement agreement can be finalized shortly after the 60-day waiting period expires. Contested divorces take significantly longer due to discovery, mediation, negotiations, and court scheduling backlogs.

Property Division: The “One Pot” Rule

Indiana is an equitable distribution state with a distinctive twist: the court’s property division encompasses all property owned by either spouse, not just property acquired during the marriage. This is Indiana’s “one pot” rule, and it makes the state’s approach broader than most.

Under IC 31-15-7-5, the court presumes that an equal division of all marital property is just and reasonable.

What Goes Into the Pot

Unlike most states, Indiana puts everything into the marital estate:

• Assets acquired during the marriage
• Pre-marital assets (property owned before the marriage)
• Inheritances received by either spouse — even during the marriage
• Gifts received by either spouse
• Retirement accounts, pensions, and stock options
• Business interests
• Real estate, vehicles, and personal property

This is a critical difference from states that automatically exclude pre-marital property, inheritances, and gifts. In Indiana, those assets are subject to division — though their source matters when the court decides whether to deviate from 50/50.

When the Court Deviates from 50/50

The presumption of equal division is rebuttable. A party can present evidence supporting an unequal split based on these factors:

• Contribution of each spouse to acquiring the property (including homemaking and child-rearing)
• Whether the property was acquired before the marriage or through inheritance or gift
• The economic circumstances of each spouse at the time of division
• The desirability of awarding the family residence to the spouse with custody of children
• Conduct related to dissipation of assets — spending marital funds on an affair, gambling, or other misconduct
• The earning ability of each party
• Tax consequences of the division

In practice, Indiana courts frequently deviate from 50/50 to account for inheritances, pre-marital assets, and significant disparities in earning capacity. But the starting point is always equal division, and the burden falls on the party requesting a different split.

Spousal Maintenance

Indiana takes one of the most restrictive approaches to spousal maintenance in the country. Under IC 31-15-7-2, maintenance is available only in three specific circumstances:

1. Incapacity maintenance — A spouse is physically or mentally incapacitated to the extent that their ability to support themselves is materially affected. This is the only ground for potentially long-term or permanent maintenance in Indiana.

2. Caretaker maintenance — A spouse lacks sufficient property to provide for their needs and is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment.

3. Rehabilitative maintenance — A spouse needs support while obtaining education or training necessary to become employable and self-sustaining. This type is capped at three years from the date of the final decree.

What This Means in Practice

Indiana does not award maintenance based on the length of the marriage, the standard of living during the marriage, or a general need-versus-ability-to-pay analysis. A spouse married for 25 years who sacrificed career advancement to raise children can only receive up to three years of rehabilitative maintenance — unless they can demonstrate incapacity.

This is a significant departure from most states, where long-term marriages often result in extended or permanent spousal support. If you’re considering divorce in Indiana, understanding this limitation is crucial for financial planning.

Child Custody

Indiana courts determine custody based on the best interests of the child, evaluating factors under IC 31-17-2-8. There is no presumption favoring either parent. The court considers “all relevant factors,” including:

• The age and sex of the child
• The wishes of the child, with more weight given if the child is at least 14 years old
• The wishes of the parents
• The interaction and interrelationship of the child with parents, siblings, and other significant individuals
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Evidence of a pattern of domestic or family violence by either parent
• Whether a de facto custodian relationship exists
• Evidence that the child has been cared for by a de facto custodian

Parenting Time Guidelines

Indiana has established Parenting Time Guidelines that represent the minimum recommended time a noncustodial parent should have. The guidelines are based on the principle that frequent, meaningful, and continuing contact with each parent is in the child’s best interest.

The noncustodial parent has the right to “reasonable parenting time” unless the court finds that parenting time might endanger the child’s physical health or significantly impair their emotional development. In cases involving domestic violence, substance abuse, or other safety concerns, the court may order supervised parenting time.

For a detailed breakdown of Indiana’s custody factors, see our guide on child custody in Indiana.

Child Support

Indiana calculates child support using the Income Shares Model. Both parents’ weekly adjusted gross incomes are combined to determine a basic support obligation from the state’s guidelines schedule. Each parent’s share is proportional to their percentage of the combined income.

Key Features of Indiana’s Child Support System

• Weekly income basis — Indiana is one of the few states that uses weekly income rather than monthly income for calculations
• Low parenting time credit threshold — Indiana’s shared custody credit kicks in at just 52 overnights per year (approximately 14%), one of the lowest thresholds in the nation
• Rebuttable presumption — The guideline amount is presumed correct; courts may deviate only with written findings that the amount would be unjust or inappropriate
• Additional costs factored in include health insurance premiums, work-related childcare, and extraordinary educational or medical expenses

The Indiana Supreme Court provides a free online child support calculator that generates court-ready worksheets. For an estimate, try our child support calculator.

How Much Does Divorce Cost in Indiana?

Indiana divorce costs vary significantly depending on whether the case is uncontested or contested:

Court filing fees range from $131 to $177 depending on the county. Marion County (Indianapolis) charges $177; most other counties charge approximately $157.

Attorney fees in Indiana average $265 per hour statewide. Indianapolis attorneys tend to charge $300 to $350 per hour, while attorneys in smaller cities and rural areas typically charge $150 to $250 per hour. Initial retainers range from $1,500 to $15,000 depending on case complexity.

Additional costs to plan for:

• Service of process: $25 - $75
• Mediation: $100 - $300 per hour (split between parties), with most mediations taking 2 to 8 hours
• Certified copies: $5 - $10 each
• Parenting class (if required by your county): $25 - $75
• Guardian ad litem (if appointed for custody disputes): $2,000 - $5,000+
• Property appraisals: $300 - $500 per property
• Business valuations: $5,000 - $25,000+
• Pension valuations (QDRO preparation): $500 - $2,000

According to published data, the average total cost of divorce in Indiana is approximately $11,400 for cases without children. Divorces involving children, contested property, or complex assets cost significantly more. Couples who reach a complete agreement before filing save 60% to 80% compared to contested cases.

For a personalized estimate, try our divorce cost estimator.

What to Do Next

If you’re considering divorce in Indiana, take these steps:

1. Confirm residency requirements. Ensure you or your spouse have lived in Indiana for at least six months and in your county for at least three months before filing.
2. Gather your financial records. You’ll need tax returns, bank statements, pay stubs, retirement account statements, property deeds, mortgage statements, and credit card statements. Indiana’s “one pot” rule means all assets are relevant — including pre-marital property and inheritances.
3. Understand Indiana’s maintenance limitations. Unlike most states, Indiana caps rehabilitative maintenance at three years and does not award long-term support based on marriage length alone. Factor this into your financial planning.
4. Consider an uncontested approach. If you and your spouse can agree on property division, custody, and support, an uncontested divorce with summary disposition is dramatically cheaper and faster. Many Indiana attorneys offer flat-fee packages for uncontested cases.
5. Talk to an attorney. Even in an uncontested divorce, having a lawyer review your settlement agreement can prevent costly mistakes — especially given Indiana’s unusual property division rules.

For more information, see our guides on contested vs. uncontested divorce, how much divorce costs, and how to file for divorce.

To discuss your situation with a qualified family law attorney, schedule a free consultation.

Frequently Asked Questions

How long does a divorce take in Indiana?

The minimum is 60 days from the filing date due to the mandatory waiting period, which cannot be waived. An uncontested divorce can be finalized shortly after the 60-day period expires, typically within 2 to 3 months total. Contested divorces typically take 6 to 18 months depending on the complexity of the issues, the need for discovery, and court scheduling in your county.

Do I need my spouse’s consent to get a divorce in Indiana?

No. Indiana allows unilateral no-fault divorce. If you file on the ground that the marriage is irretrievably broken, the court will ultimately grant the divorce even if your spouse disagrees. The court may continue proceedings for up to 45 days to allow for reconciliation if the respondent disputes the claim, but if the petitioner maintains the marriage is broken, the divorce will proceed.

Is Indiana a 50/50 state for property division?

Indiana starts with a presumption of equal (50/50) division, but this presumption can be rebutted. The court considers factors like the source of the property, each spouse’s economic circumstances, earning capacity, and whether either party dissipated assets. Importantly, Indiana’s “one pot” rule means all property — including pre-marital assets, inheritances, and gifts — is subject to division, which is broader than most states.

Can I get alimony in Indiana?

Indiana’s spousal maintenance is among the most limited in the country. Maintenance is available only if a spouse is physically or mentally incapacitated, is caring for a disabled child, or needs rehabilitative support — which is capped at three years. There is no general entitlement to long-term alimony based on the length of the marriage or the standard of living during the marriage.

What is summary disposition in Indiana?

Summary disposition under IC 31-15-2-14 allows the court to finalize a divorce without a formal hearing when both spouses agree on all terms. Both parties sign verified pleadings with a written waiver of the final hearing, and the court enters the decree without requiring anyone to appear in court. This is the fastest and least expensive way to divorce in Indiana, but both spouses must agree on every issue.

Does Indiana require mediation before divorce?

Indiana does not have a statewide mandatory mediation requirement. However, many counties — including Marion County (Indianapolis) and Hamilton County — require mediation through local rules before a case can go to trial. Even where not required, courts frequently encourage or refer cases to mediation. When ordered, mediation must typically be completed within 60 days.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

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

• IC 31-15-2-3 — Grounds for Dissolution
• IC 31-15-2-6 — Residency Requirements
• IC 31-15-2-13 — 60-Day Waiting Period
• IC 31-15-2-14 — Summary Disposition
• IC 31-15-7-2 — Spousal Maintenance
• IC 31-15-7-5 — Presumption of Equal Division
• IC 31-17-2-8 — Custody Best Interest Factors

Official Indiana Resources

• Indiana Judicial Branch — Self-Service Legal Center
• Indiana Courts — Child Support Calculator
• Indiana Parenting Time Guidelines
• Indiana Child Support Rules and Guidelines

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 Complete Guide to Divorce
• Indiana Divorce Process and Grounds
• Child Custody in Indiana
• How Much Does Divorce Cost?
• Contested vs. Uncontested Divorce
• Property Division in Divorce
• Divorce Cost Estimator
• Child Support Calculator

Last updated: April 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.