Getting Divorced with No Children in Indiana (2026 Guide)

Divorce without children in Indiana costs $157 to $300 total, takes a minimum of 60 to 90 days, and requires that one spouse has lived in Indiana for six months and in the filing county for three months. A childless, agreed dissolution under Ind. Code § 31-15-2-13 can be finalized without any court hearing.

Key Facts: Divorce Without Children in Indiana

What Makes Divorce Without Children Simpler in Indiana

A divorce without children in Indiana is significantly faster and cheaper because it removes custody, parenting time, and child support from the case, leaving only property division and any spousal maintenance. A no-kids divorce process where both spouses agree can finalize in 60 to 90 days for $157 to $300 total, compared to six months or more and thousands of dollars for a contested case with children.

When no minor children are involved, Indiana courts have no obligation to conduct the extra scrutiny required to protect a child's best interests. There is no need to draft a parenting plan, calculate support under the Indiana Child Support Guidelines, or schedule a hearing to confirm custody arrangements. A childless divorce collapses the divorce into two questions: how to divide the marital estate and whether either spouse receives maintenance. Because Indiana treats maintenance as rare and time-limited, many simple divorces with no children resolve on property alone, which is exactly why the summary dissolution path under Ind. Code § 31-15-2-13 exists.

Residency Requirements for Divorce in Indiana

To file for divorce in Indiana, at least one spouse must have lived in Indiana for six months and in the county of filing for three months immediately before filing the petition. These dual thresholds are set by Ind. Code § 31-15-2-6 and establish both the court's jurisdiction and the correct venue. If neither spouse meets both thresholds, the court will dismiss the petition.

The six-month state requirement and the three-month county requirement operate together. One spouse alone can satisfy both, so a couple does not need both parties to be Indiana residents. Military service members receive special treatment: a person stationed at a United States military installation in Indiana satisfies the residency requirement even without being a legal state resident, and the same rule applies at the county level. This accommodation, built into Ind. Code § 31-15-2-6, prevents service members from being locked out of Indiana courts. The petition itself must state each party's residence and the length of residence in the state and county, a requirement imposed by Ind. Code § 31-15-2-5. Filing before the six-month mark is the most common jurisdictional error in a simple divorce with no children.

Grounds for Dissolution: Indiana Is a No-Fault State

Indiana grants divorce primarily on the no-fault ground of irretrievable breakdown of the marriage, meaning neither spouse must prove wrongdoing. Under Ind. Code § 31-15-2-3, a court may decree dissolution on only four grounds, and irretrievable breakdown is the ground used in the overwhelming majority of cases.

The four statutory grounds are: irretrievable breakdown of the marriage; the conviction of either party of a felony after the marriage; impotence existing at the time of the marriage; and incurable insanity of either party for at least two years. In practice, virtually every childless divorce in Indiana proceeds on irretrievable breakdown because it requires no evidence of fault, no accusation, and no proof beyond one spouse's assertion that the marriage cannot be repaired. This no-fault framework means a spouse cannot block the divorce by refusing to consent. Indiana does not require both parties to agree the marriage is over; one party's petition alleging irretrievable breakdown is sufficient. Fault such as adultery is generally irrelevant to whether the divorce is granted, though the conduct of the parties can affect property division under Ind. Code § 31-15-7-5.

The 60-Day Waiting Period

Indiana imposes a mandatory 60-day waiting period that begins the day the petition is filed and cannot be shortened or waived for any reason. Under Ind. Code § 31-15-2-10, no final hearing may be held and no dissolution decree may be entered until at least 60 days have elapsed from the filing date.

This cooling-off period is a hard statutory minimum. It applies identically to contested and uncontested cases, and no judge has authority to grant a divorce before day 60 even when both spouses fully agree and sign every document. The 60-day clock starts when the petition is filed, not when the other spouse is served, so prompt service does not accelerate the timeline. For a divorce without children where the spouses have already reached agreement, the 60-day period is effectively the floor for how fast the case can close; most agreed no-dependents divorces finalize between 60 and 90 days. Couples sometimes use the waiting period productively to finalize their marital settlement agreement, retitle assets, and gather the documents needed for a summary dissolution under Ind. Code § 31-15-2-13.

How Property Is Divided in a Childless Indiana Divorce

Indiana divides marital property using equitable distribution with a rebuttable presumption that an equal 50/50 split is just and reasonable. Under Ind. Code § 31-15-7-5, the court presumes equal division, and a spouse seeking an uneven split bears the burden of proving that a 50/50 division would be unfair.

Indiana is not a community property state; it is an equitable distribution state where 50/50 is the starting point, not a guarantee. Indiana also follows an unusual "one-pot" rule under Ind. Code § 31-15-7-4: the court divides all property owned by either spouse, including assets acquired before the marriage, gifts, and inheritances. This differs from most equitable distribution states, where premarital and inherited property is excluded as separate property. In Indiana, everything enters the marital estate, and the source of an asset becomes a factor the court weighs when deciding whether to deviate from equal division. To rebut the 50/50 presumption, a party may present evidence on five factors: each spouse's contribution to acquiring the property, the extent each spouse acquired property, the economic circumstances of each spouse, the conduct of the parties as it relates to dissipation of property, and each spouse's earnings or earning ability.

What Property Goes Into the Marital Pot

Under the one-pot rule, the marital estate includes retirement accounts, pensions, IRAs, and 401(k) balances, even the portions contributed before marriage. Debts acquired during the marriage are also divided. The only reliable way to exclude an asset is a valid prenuptial or postnuptial agreement executed before the divorce. Property division orders are effectively permanent under Ind. Code § 31-15-7-9.1 and generally cannot be modified after finalization except for fraud raised within six years, which makes getting the division right the first time critical.

Uncontested Divorce and Summary Dissolution Without a Hearing

Indiana allows an uncontested divorce to be finalized without any court appearance through a summary dissolution decree. Under Ind. Code § 31-15-2-13, at least 60 days after filing, the court may enter the decree without a final hearing if both spouses file verified pleadings containing a written agreement that settles all contested issues.

The mechanism is the Verified Waiver of Final Hearing signed by both parties. When a couple submits a signed marital settlement agreement, a waiver of final hearing, and a proposed decree, the judge reviews the paperwork and may grant the divorce with no courtroom appearance. This is the fastest and cheapest route for a simple divorce with no children. It is important to understand that waiving the hearing does not waive the 60-day period; the court must still wait the full statutory minimum before signing. A childless, fully agreed case is the ideal candidate for summary dissolution because there is no custody arrangement for a judge to review and no child support to confirm, so nothing requires live testimony. Some counties still schedule a brief hearing in certain situations, so it is wise to confirm local rules with your county clerk before assuming a no-hearing finalization.

Required Forms for an Agreed No-Children Divorce

An uncontested divorce without children typically requires the Verified Petition for Dissolution of Marriage, an Appearance form, a Summons, a Verified Waiver of Final Hearing, a Marital Settlement Agreement, and a proposed Decree of Dissolution. All of these forms are available free through the Indiana Courts Self-Service Legal Center at courts.in.gov/selfservice and at indianalegalhelp.org. Using the official forms reduces the risk that a clerk rejects the filing for a formatting or content defect.

Filing Fees and Total Costs

The filing fee for a divorce in Indiana ranges from $131 to $177 depending on the county, with most counties charging $157 and Marion County (Indianapolis) and Clark County charging $177, as of June 2026. Verify with your local clerk, because Indiana sets civil filing fees county by county under the statutory schedule referenced in Ind. Code § 33-37-4-4, and fees are typically revised each July 1.

Beyond the base filing fee, expect additional costs. Service of process adds roughly $28 for sheriff service or $40 to $75 for a private process server. Certified copies of the final decree typically cost $30 to $50 each, though some counties charge as little as $2 to $5. A do-it-yourself uncontested divorce with no children generally runs $157 to $300 total when handled without an attorney, and can reach $500 with incidentals. Indiana has among the lowest divorce filing fees in the United States. If you cannot afford the fee, Ind. Code § 33-37-3-2 allows a Verified Motion for Fee Waiver; courts generally grant waivers when household income is at or below 125% of the federal poverty guidelines, and a granted waiver also covers service of process and other court costs.

Cost Comparison: Contested vs Uncontested

Spousal Maintenance in a No-Children Divorce

Indiana rarely awards spousal maintenance, and it is far more limited than alimony in many other states. Indiana courts may order maintenance in only narrow circumstances: physical or mental incapacity of a spouse, caregiving for an incapacitated child, or rehabilitative maintenance for a spouse who reduced earning capacity during the marriage, capped at three years under Indiana's maintenance statutes.

In a childless divorce, the caregiving-for-an-incapacitated-child ground does not apply, so maintenance turns on incapacity or rehabilitation. Rehabilitative maintenance is designed to help a spouse re-enter the workforce or complete education after a period out of the job market, and Indiana caps it at three years. Because these grounds are strict and time-limited, the majority of simple divorces with no dependents resolve on property division alone, with no ongoing payments between the spouses. Where a couple has roughly equal earning capacity and no medical impairment, maintenance is unlikely to be ordered at all. Spouses can still negotiate voluntary support terms in their settlement agreement, and courts will generally honor an agreed provision even where a judge would not have ordered maintenance independently.

Step-by-Step: Filing a No-Children Divorce in Indiana

Filing a childless divorce in Indiana follows a predictable sequence once residency is met. The process begins with confirming the six-month state and three-month county residency under Ind. Code § 31-15-2-6, then filing a Verified Petition for Dissolution stating irretrievable breakdown as the ground.

1. Confirm residency: one spouse must have six months in Indiana and three months in the filing county.
2. Prepare and file the Verified Petition for Dissolution of Marriage, plus the Appearance form and Summons, and pay the $131–$177 filing fee.
3. Serve the other spouse, or have them file a waiver of service if the case is agreed.
4. Wait out the mandatory 60-day period, which cannot be shortened under Ind. Code § 31-15-2-10.
5. Negotiate and sign a Marital Settlement Agreement dividing all property and debts.
6. File the Verified Waiver of Final Hearing and proposed Decree to request summary dissolution under Ind. Code § 31-15-2-13.
7. Receive the signed Decree of Dissolution, then obtain certified copies for changing titles, names, and accounts.