Indiana Divorce: Process and Grounds

Indiana provides a straightforward divorce process: meet residency requirements, file a petition, and complete a mandatory 60-day waiting period. The vast majority of divorces proceed on the no-fault ground of irretrievable breakdown. This article covers the full process, timelines, and legal requirements.

For a broader overview, see our complete guide to divorce.

Residency Requirements

Before filing for divorce in Indiana, at least one spouse must meet the residency requirements under Indiana Code 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 petition
• 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.

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

Grounds for Divorce

Indiana recognizes several grounds for divorce under Indiana Code 31-15-2-3. In practice, the no-fault ground is used in the overwhelming majority of cases.

No-Fault Ground: Irretrievable Breakdown

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

To file on this ground, the petitioner states in the divorce petition that the marriage is irretrievably broken. If the respondent disputes this assertion, 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, the court will ultimately grant the divorce.

This is the only ground most Indiana divorces require.

Fault-Based Grounds

Indiana also recognizes the following fault-based grounds:

• Conviction of a felony after the marriage
• Impotence existing at the time of the marriage
• Incurable insanity for a period of at least two years

Additionally, if one spouse has been convicted of a felony during the marriage, the other spouse may use this as a ground for divorce. Fault-based grounds are rarely alleged because the no-fault option achieves the same result without requiring proof of misconduct.

It is important to note that Indiana does not recognize adultery, cruelty, or abandonment as separate statutory grounds for divorce. However, evidence of these behaviors may still be relevant to determinations about custody, support, or property division.

The 60-Day Waiting Period

Indiana imposes a mandatory 60-day waiting period under Indiana Code 31-15-2-13. The divorce cannot be finalized until at least 60 days after the petition is filed. This waiting period applies to all divorces—contested and uncontested alike.

The waiting period serves as a cooling-off period, giving the parties time to consider reconciliation. In practice, contested divorces take far longer than 60 days to resolve, so the waiting period is most relevant in uncontested cases where both parties have already agreed on all terms.

For an uncontested divorce where the parties agree on property division, custody, and support, it is possible to finalize the divorce shortly after the 60-day period expires. For contested divorces, the timeline depends on the complexity of the issues, the need for discovery, and court scheduling.

Filing Fees and Costs

The filing fee for a divorce petition in Indiana is approximately $157, though the exact amount varies by county. Additional costs may include service of process fees ($25 to $50), attorney fees, mediation fees, and appraisal or expert fees. If you cannot afford the filing fee, you may petition the court for a fee waiver by demonstrating financial hardship.

Step-by-Step Divorce Process

Step 1: File the Petition

The divorce begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the clerk of the circuit or superior court in the county where either spouse resides. The petition includes basic information about the marriage, any children, property, and the grounds for divorce.

Step 2: Serve the Other Spouse

After filing, the petition must be formally served on the other spouse (the respondent). Service can be accomplished through:

• The county sheriff
• A private process server
• Certified mail
• Waiver of service, if the respondent voluntarily acknowledges receipt

The respondent has 20 days after service to file a response. If the respondent does not respond, the petitioner may request a default judgment.

Step 3: Provisional Orders

Either party may request provisional orders (also called temporary orders) to address urgent issues while the divorce is pending. Provisional orders may cover:

• Temporary custody and parenting time arrangements
• Temporary child support and spousal maintenance
• Temporary use of marital property, such as the family home
• 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.

Step 4: Discovery and Negotiation

In contested cases, both parties engage in discovery—the formal exchange of financial information and documents. Discovery tools include written interrogatories, requests for production of documents, depositions, and subpoenas for third-party records.

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

Step 5: Mediation

Indiana courts frequently encourage or require mediation before trial. A neutral mediator helps the spouses reach a voluntary agreement. Mediation is typically less expensive, faster, and less adversarial than trial. If successful, the agreement is formalized for court approval.

Step 6: Trial

If the parties cannot reach an agreement, the case proceeds to trial. Both parties present evidence, call witnesses, and make legal arguments. The judge decides all contested issues and issues a decree of dissolution setting out the terms of the divorce.

Step 7: Final Decree

The divorce is finalized when the court enters the Decree of Dissolution of Marriage. This order resolves all issues in the divorce—property division, debt allocation, custody, parenting time, child support, and spousal maintenance. The decree cannot be entered until at least 60 days after the petition was filed.

Summary Disposition

Indiana allows summary disposition under Indiana Code 31-15-2-14, which permits agreed-upon issues to be resolved without a formal hearing. When both parties sign verified pleadings that include a written waiver of the final hearing, the court may enter summary disposition orders on the agreed terms — covering property division, custody, support, and other issues — without requiring the parties to appear.

This process is available whenever both spouses agree on all terms, subject to the 60-day waiting period. It is faster and less expensive than a contested divorce that requires a trial.

Equitable Distribution: How Property Is Divided

Indiana is an equitable distribution state with a strong presumption of equal division. Under Indiana Code 31-15-7-5, the court presumes that an equal division of the marital property is just and reasonable. This presumption applies to all property owned by either spouse, including property acquired before the marriage.

This is a notable feature of Indiana law—unlike many states, Indiana’s property division statute encompasses all property of both spouses, not just property acquired during the marriage. Pre-marital assets, inheritances, and gifts are all included in the marital pot and subject to division, although the court may consider the source and nature of property when deciding whether to deviate from equal division.

The court may deviate from the 50/50 presumption based on factors including each spouse’s contribution to acquiring the property, whether the property was acquired before the marriage or through inheritance, each spouse’s economic circumstances, conduct related to dissipation of assets, earning capacity, and tax consequences.

Spousal Maintenance

Indiana takes a restrictive approach to spousal maintenance. Under Indiana Code 31-15-7-2, maintenance is available only when a spouse is physically or mentally incapacitated, is the custodian of a child whose condition requires the parent to forgo employment, or needs rehabilitative support for up to three years to obtain education or training. Long-term or permanent maintenance is generally unavailable except in cases of incapacity—one of the most limited frameworks in the country.

What to Do Next

If you are considering divorce in Indiana, take these steps to prepare:

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 financial documentation. Collect tax returns, pay stubs, bank statements, retirement account statements, property records, and debt records. Complete financial disclosure is required in Indiana divorces.
3. Consider your custody goals. If you have children, think about what custody and parenting time arrangement serves their best interests. Indiana courts prioritize the child’s welfare in all custody decisions.
4. Explore uncontested options. If you and your spouse can agree on the major issues, an uncontested divorce or summary dissolution can save significant time and money.
5. Consult with an Indiana family law attorney. An experienced attorney can explain how Indiana law applies to your specific situation and help you develop a strategy.

Schedule a free consultation to discuss your Indiana divorce with a family law attorney.

Frequently Asked Questions

How long does a divorce take in Indiana?

The minimum timeline is 60 days from filing the petition due to the mandatory waiting period. An uncontested divorce can be finalized shortly after the 60-day period. Contested divorces typically take 6 to 12 months or longer, depending on the complexity of the issues, the need for discovery, and court scheduling.

Do I need to prove fault to get a divorce in Indiana?

No. Indiana allows no-fault divorce based on the ground that the marriage is irretrievably broken. You do not need to prove that your spouse did anything wrong. Simply stating that the marriage cannot be saved is sufficient.

Is Indiana a 50/50 state for property division?

Indiana starts with a presumption of equal division of all marital property, which is broader than many states because it includes pre-marital assets, inheritances, and gifts. However, the court can deviate from 50/50 based on factors such as the source of the property, each spouse’s economic circumstances, and conduct during the marriage.

Can I get alimony in Indiana?

Indiana’s spousal maintenance options are limited. Maintenance is available only if a spouse is incapacitated, is the custodian of a child whose condition requires the parent to forgo employment, or needs rehabilitative support for up to three years to obtain education or training. Long-term or permanent maintenance is generally not available except in cases of incapacity.

What is summary disposition in Indiana?

Summary disposition under Indiana Code 31-15-2-14 allows the court to resolve a divorce without a formal hearing when both parties sign verified pleadings with a written waiver of the final hearing. This process is available whenever both spouses agree on all terms. It is faster and less expensive than a contested divorce that requires a trial.