Divorce Checklist for Indiana: Everything You Need in 2026

Indiana requires a $157 filing fee, a mandatory 60-day waiting period, and at least 6 months of state residency before any divorce can be finalized. The state follows a unique "one-pot" property division approach under IC 31-15-7-5 that presumes a 50/50 split of all marital and pre-marital assets combined. Whether you are pursuing an uncontested dissolution or preparing for a contested trial, this divorce checklist for Indiana walks you through every document, deadline, and decision point from initial preparation through final decree.

Key Facts: Indiana Divorce at a Glance

Step 1: Confirm You Meet Indiana Residency Requirements

Indiana requires that either the petitioner or respondent has resided in the state for at least 6 months and in the filing county for at least 3 months immediately before filing the petition. Under IC 31-15-2-6, military personnel stationed in Indiana satisfy the residency requirement regardless of their home of record. The court will dismiss your case if you cannot establish residency at the time of filing, so gather utility bills, lease agreements, voter registration records, or an Indiana driver's license as proof. Indiana processed approximately 25,000 dissolution cases annually in recent years, and residency challenges remain one of the most common grounds for early dismissal. If you recently relocated to Indiana, count 180 full days from your move-in date before filing your Verified Petition for Dissolution.

Residency Checklist

• Indiana driver's license or state-issued ID showing current address
• Lease or mortgage statement for at least 6 months at an Indiana address
• Utility bills (electric, water, internet) spanning the residency period
• Voter registration confirmation in the filing county
• Military orders showing Indiana station assignment (if applicable)
• W-2 or pay stubs showing Indiana employer for the residency period

Step 2: Understand Indiana Grounds for Divorce

Indiana is a no-fault divorce state, meaning the most common ground for dissolution is "irretrievable breakdown of the marriage" under IC 31-15-2-3(1). Approximately 95% of Indiana divorces cite irretrievable breakdown as the sole ground, requiring no proof of wrongdoing by either spouse. The petitioner simply states under oath that the marriage is broken beyond repair. Indiana also permits three fault-based grounds: conviction of a felony after the marriage (IC 31-15-2-3(2)), impotence existing at the time of marriage (IC 31-15-2-3(3)), and incurable insanity of either party for a continuous period of at least 2 years (IC 31-15-2-3(4)). In 2025, Indiana House Bill 1684 proposed ending no-fault divorce for couples with minor children, but the House voted to withdraw the bill on February 4, 2025, preserving the existing no-fault system.

Step 3: Gather Essential Financial Documents

Indiana courts require full financial disclosure from both parties during dissolution proceedings. Under IC 31-15-7-4, the court considers all property owned by either spouse, including pre-marital assets, gifts, and inheritances, when dividing the marital estate. This "one-pot" approach means you must disclose every asset you own, not just those acquired during the marriage. Failure to disclose assets can result in sanctions, contempt of court, or an unequal division favoring the other spouse. The average Indiana divorce involves $150,000 to $400,000 in combined marital assets requiring valuation and division.

Financial Document Checklist

• Last 3 years of federal and state tax returns (including all schedules)
• Last 6 months of pay stubs for both spouses
• Bank statements for all checking, savings, and money market accounts (12 months minimum)
• Investment account statements: brokerage, mutual funds, stock options (12 months)
• Retirement account statements: 401(k), IRA, pension, deferred compensation
• Real estate deeds, mortgage statements, and property tax assessments
• Vehicle titles, loan statements, and Kelly Blue Book valuations
• Credit card statements for all accounts (12 months)
• Business ownership documents: operating agreements, K-1 forms, profit/loss statements
• Life insurance policies with current cash surrender values
• Student loan statements and any other debt documentation
• Social Security benefit statements for both spouses

Step 4: File the Verified Petition for Dissolution

The filing fee for divorce in Indiana is $157 in most counties as of March 2026. Marion County (Indianapolis) and Clark County charge $177. Fee waivers are available under IC 33-37-3-2 for households earning at or below 125% of the federal poverty level, which is $23,031 for a single person or $31,281 for a family of two in 2026. Indiana courts accept electronic filing through the Indiana E-Filing System at in.gov/courts/efiling, and self-represented litigants can access free form packets through the Indiana Self-Service Legal Center at in.gov/courts/selfservice. The Verified Petition for Dissolution must include both spouses' names, the date and location of the marriage, grounds for dissolution, identification of minor children, and a general statement of the relief requested.

Filing Checklist

• Verified Petition for Dissolution of Marriage (signed under oath)
• Summons for service on the respondent
• Filing fee: $157 (or $177 in Marion/Clark County). As of March 2026. Verify with your local clerk.
• Fee waiver petition (if household income is at or below 125% of poverty level)
• Confidential Information Form (CIF) with Social Security numbers and dates of birth
• Child support worksheet (if minor children are involved)
• Proposed parenting plan (required for cases involving children)

Step 5: Serve Your Spouse and Navigate the 60-Day Waiting Period

Indiana imposes a mandatory 60-day waiting period from the filing date before a final hearing can occur under IC 31-15-2-10. This 60-day period cannot be waived by either party, their attorneys, or the judge. Service of process costs $28 through the county sheriff or $40 to $75 through a private process server. If your spouse cannot be located after diligent search, Indiana permits service by publication in a newspaper of general circulation for 3 consecutive weeks, with costs typically ranging from $50 to $150 depending on the publication. Uncontested divorces in Indiana average 60 to 90 days from filing to final decree. Contested divorces typically take 6 to 18 months, depending on the complexity of property division and custody disputes.

Service of Process Options

Step 6: Address Provisional Orders and Temporary Relief

Indiana courts can issue provisional orders under IC 31-15-3 to establish temporary custody, child support, spousal maintenance, and exclusive use of the marital home while the divorce is pending. These orders typically take effect within 14 to 30 days of filing the motion and remain in force until the final decree is entered. A provisional order hearing costs no additional filing fee in most counties, though some courts charge a $25 motion fee. Under IC 31-15-4, either party may also petition for a protective order if domestic violence is a concern, and the court must hold a hearing within 30 days of filing. Indiana courts issue provisional orders in approximately 40% of contested divorce cases to prevent asset dissipation, ensure children's stability, and maintain the financial status quo during proceedings.

Provisional Relief Checklist

• Determine if temporary custody arrangement is needed
• Calculate temporary child support using Indiana Child Support Guidelines
• Document any safety concerns requiring a protective order
• Identify which spouse will remain in the marital home
• Request temporary maintenance if you lack income to cover basic needs
• File motion for provisional orders with supporting affidavit

Step 7: Prepare for Property Division Under Indiana's One-Pot Rule

Indiana presumes that a 50/50 division of all marital property is just and reasonable under IC 31-15-7-5. Unlike most states, Indiana uses a "one-pot" approach that places all assets owned by either spouse into a single marital estate, including property acquired before the marriage, gifts from third parties, and inheritances. The court may deviate from the 50/50 presumption based on 5 statutory factors outlined in IC 31-15-7-5: each spouse's contribution to acquisition, the extent of pre-marital property and inheritances, the economic circumstances of each spouse at the time of disposition, conduct during the marriage related to asset dissipation, and the earning capacity of each spouse. Indiana courts deviate from the equal-division presumption in approximately 30% to 40% of contested cases where significant pre-marital assets or inheritance claims exist.

Property Division Comparison

Step 8: Understand Indiana Spousal Maintenance Rules

Indiana does not award traditional alimony. Spousal maintenance is available only in 3 narrow circumstances under IC 31-15-7-2: incapacity maintenance for a spouse who is physically or mentally incapacitated to the extent that self-support is materially affected, caretaker maintenance for a custodial parent of an incapacitated child who must forgo employment, and rehabilitative maintenance for a spouse whose education or career was interrupted by homemaking or child care during the marriage. Rehabilitative maintenance is capped at a maximum of 3 years from the date of the final decree under IC 31-15-7-2(3). The court considers 4 factors when awarding rehabilitative maintenance: educational level at marriage and at filing, whether education or training was interrupted by homemaking, the earning capacity of each spouse, and the time and expense needed to acquire sufficient education or training for appropriate employment.

Maintenance Eligibility Summary

Step 9: Create a Parenting Plan and Custody Arrangement

Indiana courts determine child custody based on 8 statutory best-interest factors under IC 31-17-2-8, with no presumption favoring either parent. The court considers the age and sex of the child, wishes of the parents, wishes of the child (with greater weight given to children age 14 and older), the child's adjustment to home and school, the mental and physical health of all individuals, evidence of domestic violence, and whether a de facto custodian has been caring for the child. Effective July 1, 2025, Indiana House Enrolled Act 1626 requires all custody orders to include detailed findings of fact and conclusions of law explaining the court's reasoning, codified at IC 31-17-2-8.2. Indiana courts apply the Indiana Parenting Time Guidelines, which establish a presumptive minimum of approximately 98 overnights per year for the non-custodial parent.

Parenting Plan Checklist

• Regular parenting time schedule (weekdays and weekends)
• Holiday and school break rotation schedule
• Summer vacation parenting time allocation
• Transportation arrangements and exchange locations
• Decision-making authority: education, healthcare, religious upbringing
• Communication protocol between co-parents
• Right of first refusal provisions
• Relocation notice requirements under IC 31-17-2.2
• Plan for resolving future disputes (mediation first, then court)

Step 10: Calculate Child Support Using the Income Shares Model

Indiana uses the Income Shares Model to calculate child support, combining both parents' weekly gross incomes to determine the total support obligation based on published guideline schedules. The 2024 overhaul of Indiana's child support guidelines significantly increased schedule amounts to reflect current child-rearing costs using the Rothbarth economic model, replacing data from the 1970s. Under the updated guidelines, a family with combined weekly gross income of $1,500 and 2 children owes approximately $316 per week in total child support, apportioned between parents based on each parent's percentage of combined income. The 2024 update also eliminated the former 6% rule for uninsured medical expenses, which are now treated as an add-on shared proportionally between parents. Child support worksheets are available through the Indiana Courts website, and the guidelines are published at in.gov/courts/rules/child_support.

Child Support Documentation Checklist

• Completed Indiana Child Support Obligation Worksheet
• Gross weekly income verification for both parents (pay stubs, tax returns)
• Health insurance premium costs for covering the children
• Work-related childcare expenses with provider documentation
• Extraordinary educational expenses (private school, tutoring)
• Documentation of any other children either parent supports
• Parenting time credit calculation (overnights per year)

Step 11: Finalize the Divorce Decree

After the 60-day waiting period expires under IC 31-15-2-10, the court may schedule a final hearing. Uncontested cases where both parties have signed a settlement agreement can proceed to a summary dissolution hearing under IC 31-15-2-13, which typically lasts 15 to 30 minutes before a judge. Contested cases require a trial, which may last 1 to 5 days depending on the complexity of property and custody issues. The court enters the final decree, which becomes effective immediately. Indiana charges approximately $30 to $50 for certified copies of the final decree, and you should obtain at least 3 certified copies for your records, your bank, and your employer. Either party may file a motion to correct error within 30 days of the final decree under Indiana Trial Rule 59, and appeals must be filed within 30 days under Indiana Appellate Rule 9.

Final Steps Checklist

• Attend final hearing (bring government-issued photo ID)
• Obtain 3 certified copies of the final decree ($30-$50)
• Update your name on driver's license, Social Security card, passport, and bank accounts
• Update beneficiary designations on life insurance, retirement accounts, and bank accounts
• Transfer real estate titles via quitclaim deed as ordered
• Close joint credit cards and bank accounts
• Update your estate plan: will, power of attorney, healthcare directive
• Notify your employer of tax withholding changes (update W-4)
• Transfer vehicle titles as ordered by the decree
• Set up child support payments through the Indiana State Central Collection Unit

Total Cost Breakdown: Indiana Divorce in 2026

Frequently Asked Questions

How long does a divorce take in Indiana?

Indiana requires a mandatory 60-day waiting period from the date of filing under IC 31-15-2-10 before any final hearing can occur. Uncontested divorces typically finalize in 60 to 90 days total. Contested divorces take 6 to 18 months depending on the complexity of property division and custody disputes.

How much does a divorce cost in Indiana in 2026?

The filing fee for divorce in Indiana is $157 in most counties and $177 in Marion and Clark Counties as of March 2026. Verify with your local clerk. An uncontested divorce with an attorney costs $2,500 to $6,300 total. A contested divorce ranges from $12,000 to $37,000 or more depending on trial length and expert witness costs.

Can I get alimony in Indiana?

Indiana does not award traditional alimony. Spousal maintenance is limited to 3 specific situations under IC 31-15-7-2: physical or mental incapacity, caregiving for an incapacitated child, or rehabilitative support capped at 3 years for a spouse whose education or career was interrupted during the marriage.

How is property divided in an Indiana divorce?

Indiana presumes a 50/50 division of all property under IC 31-15-7-5 using a unique "one-pot" approach. All assets owned by either spouse, including pre-marital property, gifts, and inheritances, are subject to division. Courts may deviate from the equal split based on 5 statutory factors including contribution, economic circumstances, and earning capacity.

What are the residency requirements for filing for divorce in Indiana?

Indiana requires that either the petitioner or respondent has resided in the state for at least 6 months and in the filing county for at least 3 months immediately before filing under IC 31-15-2-6. Military personnel stationed in Indiana satisfy the state residency requirement.

Do I need a lawyer for an Indiana divorce?

Indiana does not require either party to have a lawyer for a dissolution of marriage. Self-represented litigants can access free form packets through the Indiana Self-Service Legal Center at in.gov/courts/selfservice. However, cases involving significant assets exceeding $100,000, contested custody, or complex business interests benefit substantially from legal representation.

How does child custody work in Indiana?

Indiana courts decide custody based on 8 best-interest factors under IC 31-17-2-8 with no presumption favoring either parent. Children age 14 and older receive greater weight for their expressed preference. Effective July 1, 2025, all custody orders must include detailed findings of fact explaining the court's reasoning under HEA 1626.

Can I file for divorce online in Indiana?

Indiana accepts electronic filing through the Indiana E-Filing System at in.gov/courts/efiling. All 92 Indiana counties participate in e-filing. You still must pay the $157 filing fee (or $177 in Marion/Clark County) and arrange for service of process on your spouse. Fee waivers for e-filed cases are available under IC 33-37-3-2.

What happens to the house in an Indiana divorce?

Under Indiana's one-pot rule in IC 31-15-7-5, the marital home is subject to division regardless of whose name is on the deed. The court may award the home to the custodial parent, order a sale with proceeds divided, or offset the home's equity against other assets. The court considers the desirability of awarding the family residence to the custodial parent as one of the 5 deviation factors.

How is child support calculated in Indiana?

Indiana uses the Income Shares Model, combining both parents' weekly gross incomes to determine the total child support obligation from published guideline schedules. The 2024 guideline overhaul significantly increased support amounts using the Rothbarth economic model. For combined weekly income of $1,500 with 2 children, total support is approximately $316 per week, split proportionally by each parent's income share.