Indiana does not recognize common law marriage for relationships formed within the state after January 1, 1958, under Indiana Code § 31-11-8-5. However, Indiana courts will recognize and grant divorces for common law marriages validly established in the seven states that still permit them (Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, and Utah, plus Washington D.C.). If you established a common law marriage in one of these jurisdictions and now reside in Indiana, you must file for a formal dissolution of marriage with filing fees of $157-$177, meet the 6-month state and 3-month county residency requirements, and follow the standard 60-day waiting period before finalization.
Key Facts: Common Law Marriage Divorce in Indiana
| Factor | Details |
|---|---|
| Common Law Marriage Status | Abolished January 1, 1958 (IC § 31-11-8-5) |
| Out-of-State Recognition | Yes, under Full Faith and Credit Clause |
| Filing Fee | $157-$177 depending on county |
| Residency Requirement | 6 months in Indiana, 3 months in filing county |
| Waiting Period | 60 days minimum (IC § 31-15-2-10) |
| Property Division | Equitable distribution with 50/50 presumption |
| Grounds for Divorce | No-fault: irretrievable breakdown of marriage |
| Fee Waiver Available | Yes, if income below 125% federal poverty level |
Indiana's Position on Common Law Marriage
Indiana abolished common law marriage effective January 1, 1958, making any informal marriage formed within the state after that date legally void under Indiana Code § 31-11-8-5. This means that regardless of how long an Indiana couple lives together, shares finances, or presents themselves as married, they cannot establish a legally recognized marriage without obtaining a marriage license and having a ceremony solemnized by an authorized officiant. The abolition affects an estimated 1.3 million cohabiting couples in Indiana who have no automatic marital property rights upon separation.
However, Indiana maintains an important exception: the state will recognize common law marriages validly established in other jurisdictions where such unions remain legal. Under the Full Faith and Credit Clause of the U.S. Constitution, Indiana courts must acknowledge marriages that were lawfully created elsewhere. This recognition extends full marital rights and responsibilities to these couples, including the requirement to obtain a formal divorce if they wish to dissolve the marriage while residing in Indiana.
For couples who formed their relationship entirely within Indiana after 1958, there is no common law divorce process because there is no common law marriage to dissolve. These couples are considered legally unmarried regardless of their living arrangements. The 2025 statewide study found a 27% increase in property disputes among long-term cohabitants, prompting additional legislative attention to this issue.
States Where Common Law Marriage Remains Valid in 2026
As of 2026, only eight jurisdictions in the United States still permit the formation of new common law marriages. Understanding which states recognize these informal unions is essential for determining whether your relationship qualifies for common law marriage divorce proceedings in Indiana. Colorado, Iowa, Kansas, Montana, Texas, Utah, the District of Columbia, and New Hampshire (for inheritance purposes only) allow common law marriages to be formed under varying requirements including mutual agreement, cohabitation, and public representation as spouses.
Texas offers two pathways to common law marriage recognition: couples may either register a Declaration of Informal Marriage with the County Clerk or satisfy the three requirements of agreement to be married, cohabitation within Texas, and holding out to the public as married. Colorado requires both parties to be at least 18 years old and demonstrate mutual consent and conduct consistent with marriage. Kansas similarly requires capacity, present agreement, and public representation.
Several states have abolished common law marriage in recent decades but continue to recognize unions formed before their cutoff dates. Alabama stopped recognizing new common law marriages in 2017, South Carolina in 2019, Pennsylvania in 2005, Georgia in 1997, and Ohio in 1991. If your common law marriage was established in any of these states before their respective abolition dates, Indiana will still recognize your union as valid for divorce purposes.
How to File for Divorce From a Common Law Marriage in Indiana
Filing for divorce from a recognized common law marriage in Indiana follows the same procedural requirements as any formal marriage dissolution under Indiana Code Title 31, Article 15. The petitioning spouse must satisfy the residency requirements codified in IC § 31-15-2-6: at least 6 months of Indiana residency and 3 months of residency in the filing county immediately preceding the petition. Military personnel stationed in Indiana for 6 months also satisfy this requirement.
The filing fee ranges from $157 to $177 depending on the county, with Marion County (Indianapolis) and Clark County charging the higher amount. Additional costs include $28-$75 for service of process and approximately $30-$50 for certified copies and notary fees. The total do-it-yourself filing cost typically ranges from $215-$300. Indiana allows fee waivers for indigent parties under IC § 33-37-3-2 if household income falls at or below 125% of federal poverty guidelines (approximately $19,000 for a single person or $26,000 for a two-person household in 2026).
After filing, Indiana law mandates a minimum 60-day waiting period under IC § 31-15-2-10 before the court can finalize the divorce. Indiana operates as a primarily no-fault divorce state, meaning the most common ground for dissolution is simply "irretrievable breakdown of the marriage" under IC § 31-15-2-3. Neither spouse must prove fault or wrongdoing to obtain a divorce.
Proving Your Common Law Marriage Was Valid
The party asserting the existence of a common law marriage bears the burden of proving it was validly established under the laws of the originating state. Indiana courts require clear and convincing evidence that the couple met that state's specific criteria while actually residing there. You cannot establish a common law marriage by briefly visiting a state that recognizes them; you must have actually lived in that jurisdiction and satisfied all its requirements.
Evidence typically required to prove a valid out-of-state common law marriage includes joint bank account statements showing shared finances, residential property deeds or leases listing both partners, insurance policies designating each other as spouses, joint tax returns filed as married, birth certificates listing both parties as parents, mail addressed to the couple using a shared surname, and testimony from family members, friends, or community members who witnessed the couple presenting themselves as married while residing in the originating state.
Affidavits from both partners stating their intention to be married carry significant weight, particularly when corroborated by third-party witnesses. Courts examine whether the couple demonstrated a present agreement to be married (not merely a promise to marry in the future), lived together as spouses, and consistently represented themselves to the public as a married couple within the jurisdiction where the marriage allegedly formed. Inconsistent representations can undermine a common law marriage claim.
Property Division in Common Law Marriage Divorce
Once Indiana recognizes an out-of-state common law marriage as valid, property division follows the same equitable distribution principles that apply to all Indiana divorces. Under IC § 31-15-7-4, Indiana operates as a "one pot" or "whole pot" state, meaning the court considers all property owned by either spouse regardless of when or how it was acquired. This includes property brought into the marriage, gifts received during the marriage, and inheritances.
Indiana Code § 31-15-7-5 establishes a rebuttable presumption that an equal 50/50 division of marital property is just and reasonable. Either party may present evidence arguing that an equal division would be unfair. The court evaluates five statutory factors: each spouse's contribution to acquiring assets (including non-financial contributions like homemaking), property acquired before marriage or through inheritance/gift, the economic circumstances of each spouse post-divorce, conduct during marriage related to property disposition or dissipation, and each party's earnings or earning ability.
The tax implications of property division must be considered under IC § 31-15-7-7, which requires courts to evaluate the current and future tax impacts of distributions for each party. Once entered, property division orders generally cannot be modified under IC § 31-15-7-9.1, except in cases of fraud that must be asserted within six years. The average contested divorce in Indiana costs $15,000-$30,000 including attorney fees, while uncontested divorces range from $1,000-$5,000 with attorney assistance.
Options for Unmarried Cohabiting Couples in Indiana
Indiana couples who lived together but never established a valid common law marriage in another state have no divorce process available because there is no marriage to dissolve. These couples are legally considered unmarried regardless of how long they lived together, shared finances, or presented themselves as married. State statutes governing marital property division do not apply, and unmarried partners have no automatic claim to property titled solely in their partner's name.
Cohabitation agreements provide the primary legal protection for unmarried Indiana couples. These written contracts outline how property, debts, and assets will be divided if the relationship ends, and may address financial support and living arrangements. Like prenuptial agreements, cohabitation agreements are legally binding documents that can prevent disputes by establishing clear expectations. Couples with joint bank accounts, shared property, or other financial entanglements should strongly consider executing such agreements.
Without a written cohabitation agreement, a separating partner may pursue equitable relief through contract law principles. Unjust enrichment claims require proving that one party received an economic benefit so great that retention without payment would be unjust. Implied contract theories may also provide recovery for the party who paid shared expenses. However, these claims are more difficult to prove than divorce property rights and require establishing specific contractual or quasi-contractual relationships rather than relying on marital status.
Palimony and Financial Support After Cohabitation Ends
Indiana does not recognize palimony claims in the same manner as some other states. Palimony refers to financial support claims between unmarried partners based on contract law rather than marriage, originating from the landmark 1976 California case Marvin v. Marvin. Unlike states such as California, New Jersey, or Nevada, Indiana courts have not broadly adopted palimony principles for cohabiting couples without written agreements.
To succeed with a financial support claim after cohabitation ends in Indiana, the claiming partner must prove the existence of an express or implied agreement to provide support. Living together alone is insufficient to establish such a claim. Written cohabitation agreements that specifically address post-separation support provide the strongest basis for recovery. Without a written agreement, courts examine the parties' conduct to determine whether an implied contract existed, requiring substantial evidence of mutual promises and expectations.
Unmarried partners seeking financial recovery after separation may pursue claims under quasi-contract theories including quantum meruit (reasonable value of services provided) and unjust enrichment. These claims require proving that one partner provided services or contributions with the reasonable expectation of compensation, and that allowing the other partner to retain the benefit without payment would be unjust. Courts evaluate the totality of circumstances including the nature, duration, and context of the relationship.
Child Custody and Support in Common Law Divorces
Child custody and support issues in Indiana are handled identically whether the parents were formally married, common law married, or never married at all. Indiana prioritizes the best interests of the child regardless of the parents' marital status. Under Indiana Code Title 31, Article 14, courts establish parenting time schedules, legal custody arrangements, and child support orders based on statutory factors and the Indiana Child Support Guidelines.
Indiana child support calculations follow the Income Shares Model, which considers both parents' gross incomes, the number of children, work-related childcare costs, and health insurance premiums. The Indiana Child Support Guidelines provide specific formulas for calculating support obligations. Either parent may request a deviation from the guidelines if circumstances warrant, though courts grant deviations only when the standard calculation would be unjust or inappropriate.
Parenting time (visitation) follows the Indiana Parenting Time Guidelines unless parents agree to a different schedule or the court finds the guidelines would endanger the child's physical health or significantly impair emotional development. Legal custody determines which parent makes major decisions regarding education, healthcare, and religious upbringing. Joint legal custody is common, though one parent may be designated primary physical custodian.
Spousal Maintenance (Alimony) Considerations
Indiana limits spousal maintenance more strictly than many other states. Under IC § 31-15-7-2, courts may award maintenance in only three circumstances: when a spouse is physically or mentally incapacitated to the extent that the spouse's ability to support themselves is materially affected, when a spouse lacks sufficient property to provide for their needs and is the custodian of a child requiring the custodian to forgo employment, or when rehabilitation maintenance is needed for a spouse who lacks sufficient education or training.
Rehabilitative maintenance under IC § 31-15-7-2(3) is limited to three years and intended to provide support while a spouse obtains education or training to become self-supporting. Courts consider the educational level of each spouse at the time of marriage and at the time of filing for dissolution, whether an interruption in education or career opportunities resulted from homemaking or childcare responsibilities, and the time and expense required to acquire sufficient education or training.
Maintenance awards in Indiana are generally modifiable and terminable upon the recipient's remarriage, the death of either party, or when the recipient spouse cohabitates with another person in a relationship similar to marriage. Unlike property division orders, maintenance orders can be modified based on changed circumstances. Courts retain jurisdiction to adjust maintenance amounts when either party experiences a substantial and continuing change in circumstances.
Timeline and Cost Comparison
| Divorce Type | Timeline | Cost Range |
|---|---|---|
| Uncontested (DIY) | 60-90 days | $157-$300 |
| Uncontested (with attorney) | 60-120 days | $1,000-$5,000 |
| Contested | 6-18 months | $15,000-$30,000+ |
| Mediated | 90-180 days | $3,000-$10,000 |
Indiana divorce attorneys charge $200-$600 per hour, with average rates of $300-$350 per hour in Indianapolis and surrounding counties. The mandatory 60-day waiting period applies regardless of whether the divorce is contested or uncontested. Couples who agree on all issues can typically finalize their divorce shortly after the waiting period expires. Contested divorces involving disputes over property, custody, or support can extend 6-18 months or longer depending on the complexity of issues.
Frequently Asked Questions
Does Indiana recognize common law marriage?
No, Indiana abolished common law marriage effective January 1, 1958, under Indiana Code § 31-11-8-5. Any informal marriage formed within Indiana after that date is legally void regardless of how long the couple lived together. However, Indiana recognizes common law marriages validly established in the eight jurisdictions that still permit them (Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, Utah, and Washington D.C.) under the Full Faith and Credit Clause.
How do I prove my common law marriage from another state is valid?
You must provide clear and convincing evidence that you met the originating state's specific requirements while actually residing there. Required evidence typically includes joint bank accounts, property deeds listing both partners, insurance policies designating each other as spouses, joint tax returns, testimony from witnesses who observed you presenting as married, and affidavits from both partners stating your mutual agreement to be married. Courts examine whether you satisfied that state's requirements for present agreement, cohabitation, and public representation.
What is the filing fee for divorce in Indiana?
The filing fee for divorce in Indiana ranges from $157 to $177 depending on the county. Marion County (Indianapolis) and Clark County charge $177, while most other counties charge $157. Additional costs include $28-$75 for service of process and approximately $30-$50 for certified copies and notary fees. Fee waivers are available for those with household income at or below 125% of federal poverty guidelines (approximately $19,000 for a single person in 2026).
Can I get alimony from a common law marriage divorce in Indiana?
Yes, if Indiana recognizes your common law marriage as valid, you are entitled to seek spousal maintenance under the same statutory provisions that apply to all Indiana divorces. However, Indiana limits maintenance to three specific circumstances under IC § 31-15-7-2: physical or mental incapacity, custodial care of a child preventing employment, or rehabilitative support limited to three years for education or training. Indiana does not award indefinite or long-term alimony in most cases.
How is property divided in an Indiana common law divorce?
Indiana follows equitable distribution with a presumption of 50/50 division under IC § 31-15-7-5. Notably, Indiana is a "one pot" state, meaning the court considers all property owned by either spouse regardless of when or how it was acquired, including pre-marital property and inheritances. Courts may deviate from equal division based on five factors including each spouse's contributions, property acquired before marriage, economic circumstances, and earning ability.
What if I lived with someone in Indiana for 20 years but never married?
Unmarried cohabiting couples in Indiana have no marital property rights regardless of relationship duration. You cannot file for divorce because there is no marriage to dissolve. Property remains with its titled owner unless you have a written cohabitation agreement or can prove an express or implied contract. You may pursue equitable claims like unjust enrichment if one partner significantly benefited from the other's contributions without fair compensation. Consulting a family law attorney about your specific circumstances is recommended.
How long must I live in Indiana before filing for divorce?
You or your spouse must have been an Indiana resident for at least 6 months and a resident of the filing county for at least 3 months immediately before filing, as required by IC § 31-15-2-6. Military personnel stationed in Indiana for 6 months satisfy the state residency requirement. If neither spouse meets these thresholds, the court lacks jurisdiction and will dismiss the petition, requiring you to wait until you satisfy the requirements.
What states still recognize common law marriage in 2026?
As of 2026, only eight jurisdictions allow new common law marriages: Colorado, Iowa, Kansas, Montana, Texas, Utah, the District of Columbia, and New Hampshire (for inheritance purposes only). Several states recognize common law marriages formed before their abolition dates: Alabama (before 2017), South Carolina (before 2019), Pennsylvania (before 2005), Georgia (before 1997), Ohio (before 1991), and Indiana (before 1958). If your marriage was formed in any of these jurisdictions within the valid period, Indiana will recognize it.
Can I create a cohabitation agreement in Indiana?
Yes, Indiana recognizes cohabitation agreements as legally binding contracts. These documents outline how property, debts, and assets will be divided if the relationship ends, and may address financial support and living arrangements. Cohabitation agreements provide unmarried couples with legal protections similar to those available through divorce law for married couples. Having a cohabitation agreement in place before acquiring joint property or commingling finances can prevent significant disputes if the relationship ends.
What happens to children when unmarried parents separate in Indiana?
Child custody, parenting time, and child support are handled the same way regardless of whether parents were married. Indiana courts prioritize the child's best interests following Indiana Code Title 31, Article 14. Child support follows the Indiana Child Support Guidelines based on both parents' incomes. Either parent may file a petition to establish custody, parenting time, and support orders. Paternity must be legally established if not already determined through birth certificate acknowledgment or court order.