What are the grounds for divorce in Indiana?

The most common ground for divorce in Indiana is irretrievable breakdown of the marriage, which is a no-fault ground. Indiana Code § 31-15-2-3 also allows divorce based on a spouse's felony conviction after the marriage or incurable insanity lasting at least two years. No other grounds are recognized under Indiana law.

How long do you have to live in Indiana to file for divorce?

Under Indiana Code § 31-15-2-6(a), at least one spouse must have been a resident of Indiana for six months and a resident of the county where the petition is filed for three months. Military members stationed at an installation within Indiana may also satisfy this requirement.

How is property divided in an Indiana divorce?

Indiana is an all-property equitable distribution state. The court starts with a presumption that an equal (50/50) division of all property is just and reasonable. Either party may present evidence to justify a deviation from this equal split based on factors such as each spouse's contributions, economic circumstances, and conduct during the marriage.

How long does a divorce take in Indiana?

Indiana requires a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized. An uncontested divorce may be completed in 60 to 90 days, while contested divorces involving custody disputes or complex property issues can take six months to over a year.

How much does it cost to file for divorce in Indiana?

The court filing fee for a divorce in Indiana generally ranges from $132 to $200, depending on the county. Additional costs such as attorney's fees, mediation, and expert evaluations can add significantly to the total expense, particularly in contested cases.

Does Indiana award alimony or spousal support?

Indiana's spousal maintenance laws are more limited than many other states. Maintenance is generally available only for an incapacitated spouse, a spouse caring for an incapacitated child, or as rehabilitative support for up to three years to help a spouse gain education or training for self-sufficiency.

How is child custody determined in Indiana?

Indiana courts determine child custody based on the best interests of the child, considering factors such as the child's relationship with each parent, adjustment to home and community, and the mental and physical health of all parties. Children aged 14 and older may have their wishes given more weight by the court.

Is Indiana a no-fault divorce state?

Yes, Indiana is primarily a no-fault divorce state. The most commonly used ground for dissolution is irretrievable breakdown of the marriage, which does not require either spouse to prove fault. However, conduct during the marriage may still be considered in property division and other aspects of the case.

Divorce in Indiana: A Complete Guide

Introduction

Filing for divorce is never easy, but understanding the legal framework can help you navigate the process with greater confidence. Indiana has its own set of statutes governing how marriages are dissolved, how property is divided, and how matters involving children are resolved. Whether you are just beginning to consider divorce or have already made the decision to move forward, this guide will walk you through the key aspects of Indiana divorce law so you know what to expect at every stage.

In Indiana, divorce is formally referred to as a "dissolution of marriage." The process is governed primarily by Title 31 of the Indiana Code, specifically Article 15. This guide covers the essential topics — from grounds and residency requirements to property division, child custody, spousal support, the filing process, and expected timelines and costs.

Grounds for Divorce

Under Indiana Code § 31-15-2-3, a court may decree a dissolution of marriage only upon finding one of the grounds specifically enumerated in the statute. The most commonly cited ground is:

Irretrievable Breakdown of the Marriage

This is Indiana's "no-fault" ground for divorce. It simply means the marriage is broken beyond repair and there is no reasonable prospect of reconciliation. Neither spouse needs to prove that the other did something wrong. Most Indiana divorces are filed on this basis, as it avoids the need to litigate fault-based allegations in court.

Other Statutory Grounds

While irretrievable breakdown is the predominant ground, Indiana Code § 31-15-2-3 also recognizes additional grounds, including the conviction of a felony by either spouse after the marriage and the incurable insanity of either spouse for a period of at least two years. These grounds are invoked far less frequently but remain available under the statute.

It is important to note that Indiana law states that no grounds other than those listed in the statute may be used. This means that traditional fault-based grounds recognized in some other states — such as adultery, cruelty, or abandonment standing alone — are not independent grounds for divorce in Indiana, although such conduct may be relevant in other aspects of the case, such as property division.

Residency Requirements

Before you can file for divorce in Indiana, you must meet the state's residency requirements. Under Indiana Code § 31-15-2-6(a), at least one of the spouses must have been a resident of Indiana — or stationed at a United States military installation within Indiana — for a minimum period before the petition for dissolution is filed. Typically, this requirement is six months of residency in the state and three months in the specific county where the petition is filed.

If neither spouse meets these residency thresholds, the Indiana court will not have jurisdiction to hear the case, and you may need to file in another state where residency requirements can be satisfied. Military families stationed in Indiana are given special consideration, ensuring that service members and their spouses have access to Indiana courts even if they are not traditional residents of the state.

Property Division

Equitable Distribution with a Unique Twist

Indiana follows an equitable distribution model for dividing marital property, but the state's approach is notably unique. Under Indiana Code § 31-15-7-4, the court begins with a presumption that an equal division of marital property is just and reasonable. This means the starting point in every Indiana divorce is a 50/50 split of the marital estate.

However, either party may present evidence that an equal division would not be just and reasonable given the circumstances of the case. The court may then deviate from the equal split based on a number of factors, including:

The contribution of each spouse to the acquisition of the marital property
The extent to which the property was acquired by each spouse before the marriage or through inheritance or gift
The economic circumstances of each spouse at the time the division is to become effective
The conduct of the parties during the marriage as it relates to the disposition or dissipation of assets
The earnings or earning ability of each party

What Counts as Marital Property?

One of the most distinctive features of Indiana divorce law is its broad definition of the marital pot. Indiana is an "all-property" state, meaning that virtually all assets owned by either spouse — whether acquired before or during the marriage — are subject to division. This includes property brought into the marriage, inheritances, and gifts. While the court may consider when and how property was acquired when deciding whether to deviate from the equal presumption, no category of property is automatically excluded from the marital estate.

This approach differs significantly from many other states that distinguish between "marital" and "separate" property. In Indiana, the inclusion of all property in the marital pot makes the deviation factors critically important in negotiations and litigation.

Child Custody

Legal and Physical Custody

When children are involved in an Indiana divorce, the court must make determinations regarding both legal custody and physical custody. Legal custody refers to the right to make major decisions about a child's upbringing, including education, healthcare, and religious training. Physical custody refers to where the child lives on a day-to-day basis.

Indiana courts may award sole custody to one parent or joint custody to both parents. The overarching standard in all custody decisions is the best interests of the child, as outlined in Indiana Code § 31-17-2-8. Factors the court considers include:

The age and sex of the child
The wishes of the child's parents
The wishes of the child, with more weight given to children aged 14 and older
The interaction and interrelationship of the child with parents, siblings, and other significant individuals
The child's adjustment to home, school, and community
The mental and physical health of all individuals involved
Evidence of a pattern of domestic or family violence by either parent

Indiana Parenting Time Guidelines

Indiana has established Parenting Time Guidelines that provide a framework for non-custodial parents to maintain meaningful relationships with their children. These guidelines set minimum recommended parenting time schedules based on the child's age and other circumstances. While courts may deviate from these guidelines when circumstances warrant, they serve as a widely used baseline throughout the state.

Spousal Support (Maintenance)

Indiana takes a relatively conservative approach to spousal support, which is referred to as "spousal maintenance" under state law. Unlike many other states, Indiana does not have a broad, open-ended framework for awarding alimony. Instead, Indiana Code § 31-15-7-2 limits spousal maintenance to specific circumstances:

Types of Maintenance

Incapacity maintenance: The court may award maintenance to a spouse who is physically or mentally incapacitated to the extent that the ability to support oneself is materially affected.
Caregiver maintenance: A spouse who is the custodian of a child whose physical or mental incapacity requires the custodial parent to forgo employment may be awarded maintenance.
Rehabilitative maintenance: The court may award maintenance for a limited period — generally not exceeding three years — to a spouse who needs time to acquire education or training to become self-supporting. This is the most commonly awarded form of maintenance in Indiana.

Because Indiana law does not provide for traditional long-term alimony in most cases, spouses who might otherwise seek ongoing support often address financial imbalances through the property division process instead.

Filing Process

Filing for divorce in Indiana involves several key steps:

Step 1: Prepare and File the Petition

The divorce process 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 outlines the grounds for divorce and any initial requests regarding property, custody, and support.

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 personal delivery by the sheriff or a private process server, or in some cases by certified mail or other methods approved by the court.

Step 3: Response

The respondent has the opportunity to file a response to the petition, typically within 30 days of service. The response may agree with, contest, or add to the requests made in the petition.

Step 4: Discovery and Negotiation

Both parties exchange financial information and other relevant documents through a process known as discovery. Many couples use this phase to negotiate a settlement agreement, often with the help of attorneys or through mediation.

Step 5: Final Hearing

If the parties reach an agreement, they present their settlement to the court for approval at a final hearing. If they cannot agree, the court will conduct a trial and make decisions on all contested issues. The judge will then issue a Decree of Dissolution.

Timeline & Costs

Waiting Period

Indiana imposes a mandatory 60-day waiting period after the petition is filed before the court may finalize the divorce. This waiting period is designed to give both parties time to consider reconciliation. In practice, most divorces take longer than 60 days to resolve, particularly if there are contested issues.

Typical Timeline

An uncontested divorce in Indiana — where both spouses agree on all terms — can be finalized in as little as 60 to 90 days. Contested divorces, especially those involving complex property disputes or child custody battles, can take six months to over a year to resolve.

Filing Fees and Costs

The filing fee for a divorce petition in Indiana generally ranges from $132 to $200, depending on the county. As of February 2026, it is advisable to verify the exact fee with your local clerk's office, as fees can change.

Additional costs may include:

Attorney's fees, which vary widely based on the complexity of the case and geographic location
Mediation fees, if the parties choose or are ordered to participate in mediation
Costs for appraisals, financial experts, or custody evaluations if needed
Court reporter fees and other litigation expenses in contested cases

Overall, an uncontested divorce handled without attorneys may cost only the filing fee, while a fully contested divorce with legal representation can cost several thousand to tens of thousands of dollars.

Conclusion

Divorce in Indiana is governed by a set of statutes designed to provide fairness and structure to what is often an emotionally challenging process. From the no-fault ground of irretrievable breakdown to the state's unique all-property approach to equitable distribution, Indiana's laws reflect a commitment to balanced outcomes. Understanding these laws — including residency requirements, custody standards, and the limited availability of spousal maintenance — is essential for anyone contemplating or going through a divorce in the Hoosier State.

While this guide provides a comprehensive overview, every divorce case involves unique facts and circumstances. Consulting with a qualified Indiana family law attorney is strongly recommended to ensure your rights and interests are fully protected throughout the process.

Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and individual circumstances vary significantly. No attorney-client relationship is formed by reading this guide. You should consult a licensed Indiana attorney for advice specific to your situation. Filing fees and procedural details referenced herein are subject to change; please verify current information with your local court clerk or legal professional.