Divorce in Indiana: Laws, Processes, and Helpful Tips

Divorce in Indiana can be a complex process. This page is designed to offer a clear overview of Indiana’s divorce laws and what you should expect. For those seeking more detailed information, we’ve included links to additional resources.

Divorce Laws in Indiana

Indiana is a no-fault divorce state, meaning you don’t have to prove your spouse did something wrong. The main reason for divorce here is “irretrievable breakdown” of the marriage. To file for divorce in Indiana, one spouse must have lived in the state for six months. Indiana has a unique aspect—a 60-day waiting period from the filing date to the divorce decree.

Process of Filing for Divorce

To get a divorce in Indiana, you file a “Petition for Dissolution of Marriage” in your county’s court. If you have kids, additional forms are needed. After filing, you must serve these documents to your spouse. Each county may have specific requirements, so it’s a good idea to check locally.

Child Custody and Support

In Indiana, child custody decisions are based on the child’s best interests. Factors like the child’s age, the emotional connection with each parent, and each parent’s ability to provide care are important. Child support is calculated using state guidelines, considering parents’ incomes and the child’s needs.

Alimony/Spousal Support

Alimony, also known as spousal support, isn’t guaranteed in Indiana. Courts look at factors like the duration of the marriage, each spouse’s financial resources, and earning capacities. The aim is to ensure a fair financial balance after the divorce.

Property Division

When dividing property, Indiana follows the “equitable distribution” model. This means the court divides property fairly, but not always 50-50. The court considers each spouse’s contribution to the marriage and their future financial needs.

Indiana Divorce Resources

For more comprehensive information on divorce in Indiana, please explore the links provided. They include valuable insights from Indiana’s family law courts, government resources, and legal aid.

Article: How Much Does a Divorce Cost in Indiana

Indiana Divorce Forms:

Basic Forms: (Find all these forms here: https://www.in.gov/courts/selfservice/)

Petition for Dissolution of Marriage: Image of Petition for Dissolution of Marriage form in Indiana
Summons: Image of Summons form in Indiana
Case Management Plan: Image of Case Management Plan form in Indiana
Income and Expense Declaration: Image of Income and Expense Declaration form in Indiana
Proposed Parenting Time Guidelines: Image of Proposed Parenting Time Guidelines form in Indiana
Financial Disclosure Statement: Image of Financial Disclosure Statement form in Indiana
Judgment Entry of Dissolution of Marriage: Image of Judgment Entry of Dissolution of Marriage form in Indiana

Additional Forms (Find them here: https://www.in.gov/courts/selfservice/):

Motion for Temporary Orders: Image of Motion for Temporary Orders form in Indiana
Child Support Order: Image of Child Support Order form in Indiana
Parenting Time Guidelines: Image of Parenting Time Guidelines form in Indiana

Resources: