Indiana divorce explained: the residency rule, no-fault grounds, the 60-day waiting period, the presumption of equal property division, and parenting steps.
Disclaimer: This article provides general educational information about Indiana divorce procedure and is not legal advice. Court rules, forms, and fees change, and individual situations vary. Verify current requirements with your county court clerk or consult a licensed Indiana attorney.
Indiana — where divorce is a dissolution of marriage — is a no-fault state with a fixed 60-day waiting period from filing. One thing makes Indiana stand out: it starts from a presumption that marital property is divided equally, a clearer baseline than the open-ended "equitable" standard most states use. Cases are filed in Circuit or Superior Court.
To file, a spouse must have been:
before filing.
The main ground is the irretrievable breakdown of the marriage — no fault to prove. Indiana also recognizes a few narrow fault-type grounds (such as a felony conviction or incurable insanity), but these are rarely used.
Indiana requires at least 60 days to pass from the date the petition is filed before the court can finalize the dissolution. You can file right away; the clock runs from filing.
You open the case by filing a Petition for Dissolution of Marriage with the county court clerk. Filing fees commonly run around $150–$180, with a fee waiver available.
The respondent must be served, unless they sign an appearance and waiver. In a fully agreed case, both spouses can submit a written settlement agreement and proceed efficiently.
Indiana requires both spouses to disclose financial information so property and debt can be divided and support set. In an agreed case, this feeds into the settlement agreement.
With minor children, Indiana requires application of the Indiana Parenting Time Guidelines and the Indiana Child Support Guidelines (with a child support worksheet). Many counties require a parenting class.
After the 60-day period and once the issues are resolved, the court enters the Decree of Dissolution of Marriage. Uncontested cases with a signed settlement and any required parenting documents can often be finalized without a contested hearing.
Indiana law presumes that an equal (50/50) division of the marital estate is just and reasonable. Unlike many states, Indiana also generally includes property owned before the marriage in the marital pot. A spouse can rebut the equal-division presumption with evidence (such as one spouse's separate contributions), but equal is the starting point.
❌ Missing the 6-month state or 3-month county residency ❌ Assuming pre-marital property is automatically excluded (Indiana often includes it) ❌ Forgetting the child support worksheet and parenting time guidelines ❌ Skipping a required parenting class ❌ Trying to finalize before the 60-day period
Q: How long does a divorce take in Indiana? A: At least 60 days from filing. An uncontested dissolution can finalize soon after; contested cases take longer.
Q: How is property divided in Indiana? A: Indiana presumes an equal (50/50) division of the marital estate, which generally includes property owned before the marriage. The presumption can be rebutted with evidence.
Q: Is Indiana a no-fault divorce state? A: Yes. The main ground is the irretrievable breakdown of the marriage. A few narrow fault grounds exist but are rarely used.
Q: What are the residency requirements? A: Six months in Indiana and three months in the county of filing before you file.
Q: How much does it cost to file? A: Filing fees are commonly around $150–$180, with a fee waiver available for those who qualify.
Our platform builds the Indiana dissolution package — petition support, settlement agreement framework, parenting documents, and child support worksheets. We do not provide legal advice or file for you.
Save time and money with our AI-powered platform. Professional documents in minutes.
Get Started Now