Filing for divorce in Indiana requires completing the Verified Petition for Dissolution of Marriage and paying a filing fee ranging from $157 to $177 depending on your county. Indiana mandates a 6-month state residency and 3-month county residency before filing, followed by a mandatory 60-day waiting period before finalization. The state operates as a no-fault jurisdiction under IC 31-15-2-3, meaning you only need to claim irretrievable breakdown of the marriage without proving wrongdoing by either spouse.
Key Facts: Indiana Divorce at a Glance
| Requirement | Details |
|---|---|
| Filing Fee | $157-$177 (varies by county) |
| Residency Requirement | 6 months in Indiana, 3 months in filing county |
| Waiting Period | 60 days from petition filing |
| Grounds for Divorce | No-fault (irretrievable breakdown) or fault-based |
| Property Division | Equitable distribution with 50/50 presumption |
| E-Filing | Mandatory in most counties via IEFS |
| Fee Waiver Available | Yes, for households under 125% of federal poverty level |
What Divorce Papers Do You Need in Indiana?
Indiana divorce papers consist of a core set of required forms plus additional documents depending on whether you have minor children and whether your divorce is contested or uncontested. The Verified Petition for Dissolution of Marriage serves as the primary document initiating your case, while the Summons notifies your spouse of the legal action. Marion County and most other Indiana counties require e-filing through the Indiana E-Filing System (IEFS), which accepts PDF documents and provides automatic case tracking.
Required Forms for All Indiana Divorces
Every Indiana divorce requires these core documents regardless of circumstances:
Verified Petition for Dissolution of Marriage (Form PS-31152-1) initiates your divorce case and contains essential information about your marriage, grounds for divorce, and requested relief. This form requires notarization before filing.
Appearance Form (TCM-TR3.1-7) officially enters you as a party in the case and provides the court with your contact information for notices and orders.
Summons (TCM-TR4.1-2) is the official notice served on your spouse informing them of the divorce filing and their deadline to respond, typically 20 days from service.
Decree of Dissolution of Marriage (Form PS-31152-9) is the final order signed by the judge that officially terminates your marriage. You submit a proposed decree for the judge's approval.
Additional Forms for Divorces with Minor Children
When minor children are involved, Indiana requires comprehensive documentation addressing custody, parenting time, and child support:
Parenting Time Guidelines Order establishes the visitation schedule for the non-custodial parent. Indiana provides standard Parenting Time Guidelines that courts use as a baseline.
Child Support Obligation Worksheet calculates support using Indiana's income shares model under IC 31-16-6. Both parents' gross weekly incomes are combined to determine the total support obligation, then divided proportionally.
Child Custody and Parenting Plan details legal custody (decision-making authority) and physical custody (where the child resides) arrangements. Courts prioritize the best interests of the child standard under IC 31-17-2-8.
Forms for Uncontested Divorces
When both spouses agree on all terms, you can expedite the process with these additional forms:
Verified Waiver of Final Hearing (Form PS-31152-2) allows the court to finalize your divorce without requiring both parties to appear for a hearing. Both spouses must sign this waiver.
Marital Settlement Agreement documents all agreements regarding property division, debt allocation, spousal maintenance, and child-related issues. This binding contract becomes part of your final decree.
Forms for Contested Divorces
Contested divorces require additional procedural documents:
Motion for Provisional Hearing (Form PS-31152-5) requests temporary orders for child custody, support, or exclusive use of the marital residence while the divorce is pending.
Motion for Final Hearing (Form PS-31152-7) formally requests the court schedule your case for trial after all discovery and negotiations are complete.
Discovery requests including Interrogatories, Requests for Production of Documents, and Requests for Admission help gather financial and other evidence from your spouse.
Where to Get Indiana Divorce Forms
Indiana divorce forms are available through multiple official channels at no cost. Indiana Legal Help at indianalegalhelp.org provides comprehensive form packets organized by divorce type: without children (agreed), with children (agreed), and with children (not agreed). The Indiana Judicial Branch website at in.gov/courts offers standardized statewide forms, while individual county clerk offices provide county-specific forms when required.
The Marion County Clerk's Office (Indianapolis) offers a Family Law Self-Service Center with staff available to answer procedural questions. Similar self-help resources exist in Allen County (Fort Wayne), Lake County (Gary), and St. Joseph County (South Bend).
Private document preparation services charge $150-$500 to complete your divorce papers, but these services cannot provide legal advice. Online divorce document services typically cost $150-$350 for uncontested cases without children.
How to File for Divorce in Indiana: Step-by-Step
Filing divorce papers in Indiana follows a structured process governed by IC 31-15. The 60-day waiting period under IC 31-15-2-10 begins when you file your petition, not when your spouse is served, making prompt filing advantageous.
Step 1: Verify Residency Requirements
Before preparing any divorce papers, confirm you meet Indiana's jurisdictional requirements under IC 31-15-2-6. At least one spouse must have been an Indiana resident for 6 continuous months immediately before filing. Additionally, at least one spouse must have resided in the county where you plan to file for at least 3 months. Military personnel stationed at Indiana installations qualify for residency purposes.
Step 2: Gather Required Information
Your Verified Petition for Dissolution of Marriage requires:
Full legal names and addresses for both spouses, including maiden names if applicable.
Date and location of your marriage, plus the date of separation if applicable.
Names and birthdates of all minor children born to or adopted by the marriage.
General description of marital assets and debts including real estate, vehicles, retirement accounts, and credit card balances.
Employment and income information for both spouses.
Step 3: Complete the Petition and Supporting Documents
Complete the Verified Petition for Dissolution of Marriage by selecting the appropriate form packet for your situation. Indiana offers different packets for divorces without children (agreed), with children (agreed), and with children (not agreed). Each packet includes instructions and all required forms.
Have your Verified Petition notarized before filing. Indiana requires the petitioner to sign the petition under oath, affirming that all statements are true and accurate to the best of your knowledge.
Step 4: File Your Divorce Papers
Indiana mandates electronic filing through the Indiana E-Filing System (IEFS) in most counties. Create an account at efile.incourts.gov (free for self-represented litigants) or through Tyler Technologies' Odyssey File & Serve platform. Upload your completed documents in PDF format and pay the filing fee online.
The filing fee ranges from $157 to $177 depending on your county. Marion County charges $177, while most other counties charge $157-$165. As of May 2026, verify exact fees with your county clerk before filing.
Step 5: Serve Your Spouse
After filing, you must formally serve your spouse with copies of all filed documents. Indiana allows several service methods:
Sheriff Service costs approximately $28 and involves a county sheriff deputy personally delivering documents to your spouse. This method provides official proof of service.
Private Process Server costs $40-$75 and offers more flexible scheduling than sheriff service. The server must be at least 18 years old and not a party to the case.
Certified Mail with Return Receipt allows you to mail documents directly if your spouse's location is known. The signed return receipt serves as proof of delivery.
Waiver of Service (Form PS-31152-4) is signed voluntarily by your spouse acknowledging receipt of divorce papers. This option is fastest and least expensive but requires cooperation.
Your spouse has 20 days from service to file an Appearance and Response. If they fail to respond, you may request a default judgment.
Step 6: Negotiate or Litigate Contested Issues
During the 60-day waiting period, work to resolve any disputed issues. Mediation is available through Indiana courts and typically costs $100-$300 per hour with a qualified mediator. Many Indiana counties require mediation attempts before scheduling contested hearings.
For agreed (uncontested) divorces, prepare your Marital Settlement Agreement and have both spouses sign before a notary. This document addresses property division, debt allocation, and any spousal maintenance.
Step 7: Attend Final Hearing or Submit Waiver
After the 60-day waiting period expires, you can finalize your divorce. For agreed cases where both parties sign a Verified Waiver of Final Hearing, the judge reviews your paperwork and may grant the divorce without any courtroom appearance. For contested cases, you must attend a final hearing where the judge rules on unresolved issues.
Step 8: Receive Your Divorce Decree
Once the judge signs your Decree of Dissolution of Marriage, your divorce is final. Request certified copies from the clerk for $2-$5 per copy. You need certified copies to update your driver's license, Social Security records, and financial accounts.
Indiana Divorce Filing Fees and Cost Breakdown
Indiana divorce papers cost $157-$177 to file initially, with total expenses ranging from under $500 for simple uncontested cases to $15,000 or more for contested divorces involving significant assets or custody disputes. Understanding the complete cost structure helps you budget appropriately.
| Cost Category | Amount Range |
|---|---|
| Court Filing Fee | $157-$177 |
| Service of Process | $28-$75 |
| Certified Copies | $2-$5 each |
| Mediation (if needed) | $100-$300/hour |
| Attorney (uncontested) | $1,000-$3,500 |
| Attorney (contested) | $5,000-$30,000+ |
| Document Preparation Service | $150-$500 |
Fee Waivers for Low-Income Filers
Indiana provides fee waivers under IC 33-37-3-2 for individuals who cannot afford filing fees. To qualify, your household income must fall at or below 125% of federal poverty guidelines. For 2026, this means approximately $19,063 annual income for a single person or $25,750 for a two-person household.
File a Verified Motion for Fee Waiver with your initial divorce papers. Include documentation of your income such as pay stubs, tax returns, or benefit statements. The clerk or judge reviews your application and typically grants waivers within 3-5 business days.
Indiana Residency and Waiting Period Requirements
Indiana imposes specific residency requirements under IC 31-15-2-6 to establish court jurisdiction over your divorce. These requirements protect against forum shopping and ensure meaningful connections to the state.
The primary residency requirement mandates that at least one spouse must have been a bona fide resident of Indiana for at least 6 months immediately before filing the petition. Physical presence in the state is required; mere intent to return to Indiana is insufficient.
The county residency requirement adds that at least one spouse must have resided in the county where the petition is filed for at least 3 months immediately preceding the filing date. You may file in any county where either spouse meets this requirement.
Military personnel stationed at Indiana installations satisfy these requirements if they have been stationed in Indiana for 6 months and in the filing county for 3 months, even if their legal domicile is another state.
The 60-day waiting period under IC 31-15-2-10 begins when you file your Verified Petition for Dissolution of Marriage. No final hearing may be held and no decree may be entered until at least 60 days have elapsed. This cooling-off period applies to all divorces regardless of whether they are contested or uncontested.
Property Division in Indiana Divorces
Indiana follows equitable distribution principles for dividing marital property, with a statutory presumption under IC 31-15-7-5 that equal (50/50) division is just and reasonable. This presumption can be rebutted by presenting evidence that unequal division would be more equitable under the circumstances.
Indiana operates as a one pot state under IC 31-15-7-4, meaning all property owned by either spouse is subject to division regardless of when or how it was acquired. This includes assets owned before marriage, inheritances, and gifts. Most other states exclude pre-marital and inherited property from division.
Factors Courts Consider for Unequal Division
Under IC 31-15-7-5, courts weigh five statutory factors when determining whether to deviate from equal division:
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Each spouse's contribution to acquiring marital property, including homemaking and childcare contributions.
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The extent to which property was acquired before marriage or received through inheritance or gift.
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The economic circumstances of each spouse when the property division becomes effective, including housing needs for a custodial parent.
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Each spouse's conduct during the marriage related to dissipation or disposition of property.
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Each spouse's earning ability and potential for future income.
Tax consequences under IC 31-15-7-7 also factor into property division. Courts consider how dividing specific assets will affect each spouse's current and future tax liability.
Finality of Property Division Orders
Property division orders in Indiana are generally final and cannot be modified under IC 31-15-7-9.1. The only exception is fraud, which must be asserted within 6 years of the decree. This makes accurate financial disclosure and careful negotiation critical during the divorce process.
Indiana Divorce Grounds Explained
Indiana recognizes four grounds for divorce under IC 31-15-2-3, though the no-fault ground of irretrievable breakdown accounts for approximately 95% of all Indiana divorces. Understanding all available grounds helps you choose the most appropriate basis for your case.
No-Fault Ground: Irretrievable Breakdown
Irrtrievable breakdown of the marriage under IC 31-15-2-3(1) requires only that one spouse believes the marriage cannot be saved. No evidence of misconduct or specific problems is required. The filing spouse's assertion that the marriage has broken down irretrievably is generally sufficient. The other spouse cannot block the divorce by refusing to agree, failing to respond, or contesting the grounds.
Fault-Based Grounds
While rarely used, Indiana still permits fault-based divorce grounds:
Felony conviction under IC 31-15-2-3(2) requires that one spouse was convicted of a felony after the marriage took place. Convictions before the wedding do not qualify.
Impotence under IC 31-15-2-3(3) must have existed at the time of marriage. Impotence that develops during the marriage is not grounds for divorce.
Incurable insanity under IC 31-15-2-3(4) requires the condition to have persisted for at least 2 continuous years.
E-Filing Divorce Papers in Indiana
Indiana mandates electronic filing for divorce papers in most counties through the Indiana E-Filing System (IEFS). This system streamlines filing, provides instant confirmation, and allows 24/7 case tracking. The state is transitioning to a new platform called INfile scheduled for launch in Spring 2026.
Self-represented litigants can e-file for free through efile.incourts.gov. Create an account using your email address, select your county and case type, upload your completed forms in PDF format, and pay the filing fee with a credit or debit card. The system provides immediate confirmation and a case number.
For counties not yet on mandatory e-filing, you may file in person at the clerk's office during business hours. Bring the original petition plus two copies: one for the court file and one for service on your spouse. Payment by cash, check, or credit card is typically accepted.
Frequently Asked Questions About Indiana Divorce Papers
How much does it cost to file divorce papers in Indiana?
Filing divorce papers in Indiana costs between $157 and $177 depending on your county. Marion County (Indianapolis) charges $177, while most other counties charge $157-$165. Additional costs include $28-$75 for service of process and $2-$5 per certified copy. Fee waivers are available for households earning below 125% of federal poverty guidelines under IC 33-37-3-2.
How long does it take to finalize a divorce in Indiana?
Indiana requires a minimum 60-day waiting period under IC 31-15-2-10 from filing before any divorce can be finalized. Uncontested divorces typically conclude in 60-90 days total. Contested divorces take 6-18 months depending on the complexity of disputed issues. Cases involving custody disputes or significant assets may take 12-24 months.
Can I file for divorce online in Indiana?
Yes, Indiana mandates electronic filing through the Indiana E-Filing System in most counties. Self-represented litigants can e-file for free at efile.incourts.gov. You create an account, upload your completed forms in PDF format, and pay the filing fee online. The system provides instant confirmation and allows you to track your case status 24/7.
What are the residency requirements for filing divorce in Indiana?
Indiana requires at least one spouse to have been an Indiana resident for 6 months and a county resident for 3 months immediately before filing under IC 31-15-2-6. Military personnel stationed at Indiana installations can satisfy residency requirements based on their duty station location. Both requirements must be met before the court has jurisdiction.
Do I need a lawyer to file for divorce in Indiana?
No attorney is required to file divorce papers in Indiana. Self-represented litigants successfully complete uncontested divorces using standardized forms from Indiana Legal Help at indianalegalhelp.org. However, attorney representation is strongly recommended for contested divorces, cases involving significant assets, complex custody issues, or domestic violence situations. Attorney fees for uncontested divorces typically range from $1,000-$3,500.
What forms do I need for an uncontested divorce without children in Indiana?
An uncontested divorce without children requires: Verified Petition for Dissolution of Marriage (PS-31152-1), Appearance Form (TCM-TR3.1-7), Summons (TCM-TR4.1-2), Verified Waiver of Final Hearing (PS-31152-2), Marital Settlement Agreement, and proposed Decree of Dissolution of Marriage (PS-31152-9). All forms are available free at indianalegalhelp.org.
How do I serve divorce papers on my spouse in Indiana?
Indiana allows four methods: Sheriff service ($28), private process server ($40-$75), certified mail with return receipt, or voluntary waiver of service signed by your spouse. Your spouse has 20 days from service to file a response. If they fail to respond, you may seek a default judgment after the 60-day waiting period expires.
Is Indiana a 50/50 divorce state for property division?
Indiana presumes 50/50 division is just and reasonable under IC 31-15-7-5, but courts may order unequal division based on statutory factors. Indiana is a one pot state under IC 31-15-7-4, meaning all property owned by either spouse is subject to division, including premarital assets and inheritances. Five factors can rebut the equal division presumption.
Can my spouse stop me from getting a divorce in Indiana?
No, your spouse cannot prevent a divorce in Indiana. Under IC 31-15-2-3(1), one spouse's assertion that the marriage has suffered an irretrievable breakdown is sufficient grounds for divorce. Your spouse can make the process more difficult by contesting terms, but they cannot stop the divorce from proceeding. Even if your spouse fails to respond, you can obtain a default judgment.
How do I get a fee waiver for Indiana divorce filing fees?
File a Verified Motion for Fee Waiver with your initial divorce papers demonstrating household income at or below 125% of federal poverty guidelines. For 2026, this means approximately $19,063 for a single person or $25,750 for a two-person household. Include income documentation such as pay stubs, tax returns, or benefit statements. Waivers are typically granted within 3-5 business days.
Conclusion
Filing divorce papers in Indiana requires completing the Verified Petition for Dissolution of Marriage and meeting specific residency requirements before the court can accept your case. The filing fee of $157-$177 initiates a minimum 60-day process that can extend considerably for contested cases. Understanding the required forms, proper filing procedures, and Indiana's equitable distribution property division rules helps you navigate the divorce process efficiently.
Indiana's transition to mandatory e-filing through IEFS simplifies document submission and case tracking for most filers. Free resources through Indiana Legal Help provide standardized forms and instructions for self-represented litigants. For complex situations involving significant assets, contested custody, or domestic violence, consulting with an Indiana family law attorney ensures your rights are protected throughout the dissolution process.
Written by Antonio G. Jimenez, Esq., Florida Bar No. 21022 | Covering Indiana divorce law
Last updated: May 2026. Filing fees and court procedures verified as of this date. Verify current fees with your local county clerk before filing.