Getting divorced with children in Indiana requires a $157-$177 filing fee, a mandatory 60-day waiting period under Ind. Code § 31-15-2-10, and a parenting plan that satisfies the best-interest standard in Ind. Code § 31-17-2-8. Indiana uses the Income Shares Model for child support and applies no presumption favoring either parent in custody decisions.
This guide explains how custody, parenting time, and child support work when minor children are involved in an Indiana dissolution. Antonio G. Jimenez, Esq. (Florida Bar No. 21022, covering Indiana divorce law) prepared this resource to help parents understand the process, the statutes, and the timeline before they file.
Key Facts: Divorce With Children in Indiana
| Factor | Indiana Rule | Statute |
|---|---|---|
| Filing Fee | $157-$177 (varies by county) | IC 33-37-3-2 |
| Waiting Period | 60 days minimum after filing | IC 31-15-2-10 |
| State Residency | 6 months in Indiana | IC 31-15-2-6 |
| County Residency | 3 months in filing county | IC 31-15-2-6 |
| Grounds | No-fault: irretrievable breakdown | IC 31-15-2-3 |
| Property Division | Equitable distribution, one-pot, 50/50 presumption | IC 31-15-7-5 |
| Custody Standard | Best interests, no parental presumption | IC 31-17-2-8 |
| Child Support | Income Shares Model | Indiana Child Support Guidelines |
| Shared-Custody Threshold | 52 overnights/year (~14%) | Indiana Child Support Guidelines |
How Does Divorce With Children Work in Indiana?
Divorce with children in Indiana follows the same dissolution process as any divorce but adds a required custody determination, a parenting plan, and a child support calculation. One spouse must have lived in Indiana for 6 months and in the filing county for 3 months under Ind. Code § 31-15-2-6 before filing. The minimum timeline is 61 days because of the 60-day waiting period.
The process begins when one spouse files a Verified Petition for Dissolution of Marriage with the county clerk and pays the $157-$177 filing fee. Because minor children are involved, the petition must address custody, parenting time, and child support. Indiana is a no-fault state under Ind. Code § 31-15-2-3, so the filing spouse only alleges an irretrievable breakdown of the marriage. Approximately 95% of Indiana divorces proceed on this no-fault ground. The court cannot hold a final hearing earlier than 60 days after filing, and this cooling-off period cannot be waived or shortened by agreement. During those 60 days, parents typically exchange financial disclosures, negotiate a parenting plan, and complete any court-required parenting education program before the case can be finalized.
What Is the Best-Interest Standard for Custody in Indiana?
Indiana courts decide custody under the best-interest standard in Ind. Code § 31-17-2-8, which directs judges to weigh all relevant factors with no presumption favoring either parent. The statute lists nine factors, and roughly 80% of cases result in joint legal custody. The child's wishes receive greater weight once the child reaches age 14.
The statutory factors under Ind. Code § 31-17-2-8 include the age and sex of the child; the wishes of the parents; the wishes of the child, with more weight given at age 14 or older; the child's relationship with parents, siblings, and other significant people; the child's adjustment to home, school, and community; the mental and physical health of everyone involved; evidence of domestic or family violence; and care provided by a de facto custodian. Because the statute says courts shall consider "all relevant factors, including" these nine, the list is not exhaustive. Judges routinely consider a parent's willingness to support co-parenting and the child's continuing relationship with the other parent. No single circumstance, such as income, house size, or employment, automatically decides custody in divorce.
Legal Custody vs. Physical Custody in Indiana
Indiana law separates legal custody (decision-making authority over education, healthcare, and religion) from physical custody (where the child lives day to day). About 80% of Indiana custody cases result in joint legal custody, while physical custody often designates one parent as the primary custodian. The non-custodial parent receives parenting time under the Indiana Parenting Time Guidelines.
Legal custody concerns the right to make major decisions about the child's upbringing. When parents share joint legal custody, they must consult each other and reach agreement on significant matters such as school enrollment, non-emergency medical care, and religious training. Physical custody, by contrast, determines the child's primary residence and daily care. A parenting plan in divorce typically pairs joint legal custody with a primary physical custodian and a detailed parenting time schedule for the other parent. Indiana courts favor arrangements that preserve frequent, meaningful, and continuing contact with both parents, which is the express policy underlying the Indiana Parenting Time Guidelines. When parents cannot agree, the court imposes the Guidelines as the minimum baseline and may order a custody evaluation to inform its decision.
How Does Parenting Time Work in an Indiana Divorce?
Parenting time in Indiana is governed by the Indiana Parenting Time Guidelines (IPTG), most recently amended effective January 1, 2022. The Guidelines serve as the minimum standard when parents cannot agree, presuming the child benefits from frequent and continuing contact with both parents. Courts treat the IPTG as the correct baseline for nearly every parenting plan.
The IPTG provide age-appropriate schedules covering regular parenting time, holidays, school breaks, and summer vacation, and they address technology and communication access between parent and child. The 2022 amendments added provisions on telephone and electronic communication and on parenting time during public health emergencies. While the Guidelines establish a floor, parents are free to negotiate a more generous or customized co-parenting schedule that fits their family. When parents reach their own agreement, the court generally approves it if it serves the child's best interests. The number of overnights each parent exercises directly affects child support, because Indiana grants a parenting time credit beginning at just 52 overnights per year (approximately 14%), one of the lowest shared-custody thresholds in the nation. Documenting the actual overnight schedule is therefore essential for an accurate support calculation.
How Is Child Support Calculated in Indiana?
Indiana calculates child support using the Income Shares Model, which combines both parents' weekly adjusted gross incomes, determines each parent's proportional share, and applies that share to a basic support obligation set by the number of children. The model assumes the child should receive the same proportion of parental income as if the parents still lived together. Parenting time credits begin at 52 overnights per year.
The calculation starts with each parent's weekly gross income, then subtracts allowable deductions to reach adjusted income. The combined figure is applied to the state support schedule, and adjustments are made for work-related childcare and the children's health insurance premiums. Effective January 1, 2024, the Indiana Supreme Court eliminated the former 6% rule for uninsured healthcare expenses; parents now share those costs in proportion to their income shares unless they agree otherwise. The 2024 revisions also introduced a new parenting time credit method and updated the underlying economic models to reflect current child-rearing costs. No new statewide child support guidelines took effect for 2026, so the 2024 framework continues to govern. The parenting time credit increases as overnights rise, reaching an offset calculation at 182.5 overnights, where equal parenting time may result in little or no support depending on the income differential.
What Does Divorce With Children Cost in Indiana?
The court filing fee for a divorce with children in Indiana is $157 to $177 depending on the county, plus $28 for sheriff service or $40-$75 for a private process server. As of January 2026, Marion County (Indianapolis) and Clark County charge $177, while many other counties charge $157. Verify the exact amount with your local clerk.
| County | Filing Fee | Sheriff Service | Total |
|---|---|---|---|
| Marion (Indianapolis) | $177 | $28 | $205 |
| Clark | $177 | $28 | $205 |
| Miami | $157 | $28 | $185 |
| Delaware (Muncie) | $159 | $13 | $172 |
Beyond the filing fee, the total cost of a divorce with children depends heavily on whether the case is contested. An uncontested divorce where parents agree on custody, parenting time, and support keeps costs low and may finish near the 61-day minimum. A contested case involving a custody evaluation, guardian ad litem, or expert testimony can cost several thousand dollars in professional and attorney fees. Parents whose household income is at or below 125% of the federal poverty guidelines may qualify for a fee waiver under Ind. Code § 33-37-3-2 by filing a Verified Motion for Fee Waiver at the same time as the petition. Free court forms are available through the Indiana Legal Help website and your county clerk, though clerks cannot provide legal advice.
What Is a Parenting Plan and Is It Required in Indiana?
A parenting plan is a written document setting out how divorced parents will share legal custody, physical custody, parenting time, decision-making, and communication. Indiana courts expect parents with minor children to submit a parenting plan, and when parents cannot agree, the court applies the Indiana Parenting Time Guidelines as the default minimum standard for the divorce.
A thorough parenting plan addresses far more than a weekly schedule. It should specify the regular parenting time rotation, holiday and school-break allocation, summer vacation, transportation and exchange logistics, how parents will communicate and resolve disputes, and how major decisions about education, healthcare, and religion will be made. A well-drafted plan also covers right-of-first-refusal provisions, relocation notice, and access to the child's school and medical records. Indiana judges review proposed parenting plans against the best-interest factors in Ind. Code § 31-17-2-8 and will approve an agreed plan that protects the child's welfare. Reducing co-parenting expectations to writing before finalization reduces future conflict and gives both parents an enforceable roadmap. If circumstances change substantially later, either parent may petition the court to modify the plan.
How Are Custody and Support Orders Modified in Indiana?
Indiana custody and support orders can be modified after divorce, but the requesting parent must meet a statutory threshold. For child support, a parent must show either a substantial and continuing change in circumstances or that at least 12 months have passed since the last order and recalculation would change the amount by 20% or more. Custody modifications require a substantial change affecting the child's best interests.
Orders do not change automatically, even when statewide guidelines are revised. A support order set under earlier figures remains in force until a parent files a petition to modify and the court enters a new order. For custody, the parent seeking change must demonstrate a substantial change in one or more of the best-interest factors under Ind. Code § 31-17-2-8 and prove that modification serves the child. Common triggers include a parent's relocation, a significant change in income, a change in the child's needs, or evidence of endangerment. Where a non-custodial parent has been convicted of a crime involving domestic or family violence witnessed or heard by the child, Ind. Code § 31-17-2-8.3 creates a rebuttable presumption that parenting time must be supervised for at least one year and no more than two years. Modification petitions are filed in the same court that issued the original divorce decree.