A stipulated divorce in Indiana is a dissolution in which both spouses sign a written settlement agreement resolving every issue, allowing the court to grant a summary dissolution decree under Ind. Code § 31-15-2-13 without a final hearing. Filing costs $157-$177, and the earliest finalization is 60 days after filing.
Key Facts: Stipulated Divorce in Indiana (2026)
| Factor | Indiana Rule |
|---|---|
| Filing Fee | $157-$177 depending on county (Marion & Clark County $177) |
| Waiting Period | Minimum 60 days from filing under Ind. Code § 31-15-2-10 |
| Residency Requirement | 6 months in Indiana + 3 months in the filing county per Ind. Code § 31-15-2-6 |
| Grounds | Irretrievable breakdown (no-fault) under Ind. Code § 31-15-2-3 |
| Property Division Type | Equitable distribution with a presumption of equal (50/50) division under Ind. Code § 31-15-7-5 |
As of August 2026. Verify fees with your local clerk before filing.
What Is a Stipulated Divorce in Indiana?
A stipulated divorce in Indiana is a fully agreed dissolution where both spouses sign verified pleadings settling all issues, letting the court issue a decree without a courtroom hearing under Ind. Code § 31-15-2-13. Indiana calls this a summary dissolution. Over 90% of agreed cases finalize in 60 to 90 days, and neither spouse must appear before a judge.
The word "stipulated" means the parties have stipulated, or formally agreed, to the terms. Indiana statutes do not use the phrase "stipulated divorce" itself; the state's mechanism is the summary dissolution decree combined with a written settlement agreement. In practice, an agreed divorce, a consent divorce, and a settled divorce all describe the same outcome: two spouses who resolve property, debt, custody, and support without litigation. This path is the fastest and cheapest route to dissolution in Indiana because it removes contested hearings, discovery disputes, and trial dates from the process entirely.
A stipulated divorce differs from an uncontested default. In a default, one spouse simply does not respond. In a mutual divorce agreement, both spouses actively sign the settlement, which makes the terms a binding contract the court cannot later modify absent fraud, duress, or undue influence under Ind. Code § 31-15-2-17. That contractual finality is the central advantage of agreeing on everything up front.
Residency and Eligibility Requirements
At least one spouse must have lived in Indiana for six months and in the filing county for three months immediately before filing, under Ind. Code § 31-15-2-6. A member of the armed forces stationed at a U.S. military installation in Indiana for those same periods satisfies the requirement. Filing without meeting residency risks dismissal.
These durational rules apply to every dissolution in Indiana, including a stipulated divorce. You count the six-month statewide period and the three-month county period backward from the day the petition is filed, and both windows must be satisfied on that date. If you moved to Indiana five months ago, you must wait one more month before filing. If you live in Indiana but recently moved counties, you file in the county where you have resided for at least three months, or in your spouse's qualifying county.
Eligibility also requires a valid ground. Indiana is a no-fault state, so the standard ground is irretrievable breakdown of the marriage under Ind. Code § 31-15-2-3. One spouse's sworn assertion that the marriage is irretrievably broken is legally sufficient, and the other spouse cannot block the divorce by refusing to agree. For a stipulated divorce specifically, both spouses simply state there are no contested issues or attach a signed agreement. No proof of misconduct, adultery, or cruelty is required to obtain a consent divorce in Indiana.
The 60-Day Waiting Period and Summary Dissolution
Indiana requires at least 60 days between filing the petition and the earliest final decree under Ind. Code § 31-15-2-10. In a stipulated divorce, once that 60-day period passes and both spouses have filed a signed settlement plus a waiver of final hearing, the court may enter a summary dissolution decree with no hearing under Ind. Code § 31-15-2-13.
The 60-day clock is a statutory floor, not a target. It cannot be shortened, waived, or expedited, even when both spouses agree on everything and file all paperwork on day one. The purpose is a cooling-off window that gives couples time to reconsider or finalize terms. Most agreed cases are finalized shortly after day 60 because the settlement paperwork is already on file and the judge only needs to review and sign.
The summary dissolution route is what makes a settled divorce so efficient. Under Ind. Code § 31-15-2-13, the court may grant the decree without a final hearing if both parties file verified pleadings containing a written waiver of the final hearing and either a statement that there are no contested issues or a written agreement settling every contested issue. "Verified" means the documents are supported by oath or affirmation in writing. Neither spouse takes time off work, hires courtroom counsel for a trial, or testifies. The judge reviews the file and signs, which is why a mutual divorce agreement in Indiana often costs a fraction of a contested case. If you are still weighing your options, a personalized divorce roadmap can map your specific next steps.
Filing Fees and Court Costs
The filing fee for a divorce in Indiana ranges from $157 to $177 depending on the county, with Marion County (Indianapolis) and Clark County at the top of that range at $177 and most other counties at $157. As of August 2026, verify the exact amount with your local clerk. Fee waivers are available for low-income petitioners under Ind. Code § 33-37-3-2.
The filing fee is the largest fixed cost in a stipulated divorce, but it is far from the only figure to plan for. A truly agreed divorce keeps total spending low because you avoid the biggest expenses of contested litigation: discovery, depositions, expert witnesses, and multiple court appearances. Below is a realistic 2026 cost and timeline comparison between a stipulated (agreed) divorce and a contested one in Indiana.
| Item | Stipulated (Agreed) Divorce | Contested Divorce |
|---|---|---|
| Court filing fee | $157-$177 | $157-$177 |
| Typical total cost | $500-$2,500 | $10,000-$30,000+ |
| Attorney involvement | Optional or flat-fee review | Hourly, often $250-$400/hr |
| Time to finalize | 60-90 days | 8-18 months |
| Final hearing required | No (summary decree) | Yes, often a trial |
| Certified copy of decree | ~$1-$5 per page | ~$1-$5 per page |
Fee waivers matter for access. Indiana courts grant waivers to petitioners whose household income is at or below 125% of the federal poverty guidelines under Ind. Code § 33-37-3-2. For 2026, that threshold is roughly $19,506 for a single person and about $37,956 for a family of four. You file an Application for Waiver of Filing Fees with your petition, and if approved, the court dissolves the marriage at no filing cost. This keeps a consent divorce financially realistic even for spouses with limited income.
Building Your Settlement Agreement
A settlement agreement is the heart of a stipulated divorce, and under Ind. Code § 31-15-2-17 it may resolve maintenance, division of property and debts, and the custody and support of children. Once the court approves it, the agreement is incorporated and merged into the decree as a binding contract that the court cannot later modify on property terms absent fraud, duress, or undue influence.
The agreement must be in writing and signed by both spouses to be enforceable; an oral understanding does not qualify. Indiana courts apply an all-or-nothing rule to these agreements: a judge may adopt the agreement in whole or reject it in whole, but cannot rewrite individual provisions. That means both spouses should read every clause carefully before signing, because a settled divorce agreement locks in the property division permanently once merged into the decree.
A complete Indiana settlement agreement typically covers each of the following areas so nothing is left for a judge to decide:
- Real estate: who keeps the marital home, who refinances, and how equity is split
- Vehicles, bank accounts, and personal property
- Retirement accounts and pensions, including any Qualified Domestic Relations Order needed to divide a 401(k) or pension
- Marital debts, including mortgages, credit cards, and loans, and who is responsible for each
- Spousal maintenance, which is limited in Indiana and awarded only in specific statutory situations
- Child custody, parenting time, and decision-making
- Child support, calculated under the Indiana Child Support Guidelines
Because property terms cannot be modified after the decree, many spouses ask a flat-fee attorney to review a mutual divorce agreement before filing. Understanding equitable distribution helps you evaluate whether your split is fair before you sign.
Property Division in an Agreed Indiana Divorce
Indiana is an equitable-distribution state with a statutory presumption that an equal, 50/50 division of the marital estate is just and reasonable under Ind. Code § 31-15-7-5. In a stipulated divorce, spouses can agree to any division they choose, including an unequal split, and the court will honor it as long as the overall settlement is fair and voluntary.
The equal-division presumption is rebuttable. A spouse seeking an unequal split must present evidence on statutory factors, including each spouse's contribution to acquiring the property, whether property was acquired before the marriage or by gift or inheritance, the economic circumstances of each spouse at the time of division, and the conduct of the parties in dissipating or preserving assets. In a contested case, the party wanting more than half bears the burden of proving that a 50/50 split would be unfair.
In an agreed case, that burden essentially disappears. Because both spouses sign a mutual divorce agreement, they can allocate assets and debts however they see fit without litigating the statutory factors. Indiana uses a "one-pot" theory, meaning nearly all property owned by either spouse, whether acquired before or during the marriage, is part of the marital estate subject to division. This one-pot rule is broader than in many states, so a settled divorce agreement should account for premarital assets, inheritances, and gifts, and clearly state who receives each item. Spelling out every asset and debt in writing prevents disputes after the decree is final.
Child Custody and Support in a Stipulated Divorce
When spouses have minor children, an Indiana stipulated divorce must include a custody and parenting-time plan plus a child support calculation before the court will approve the settlement under Ind. Code § 31-15-2-17. Judges review these terms against the child's best interests and will not rubber-stamp an agreement that shortchanges a child's support or safety.
Custody in Indiana has two components: legal custody, which is decision-making authority over education, healthcare, and religion, and physical custody, which is where the child primarily lives. Parents in an agreed divorce commonly choose joint legal custody with a defined parenting-time schedule based on the Indiana Parenting Time Guidelines. The court evaluates the arrangement under the best-interest factors, so a workable, detailed plan is more likely to be approved quickly. You can review how child custody arrangements work before drafting your plan.
Child support is not freely negotiable to zero. Indiana calculates support under the Indiana Child Support Guidelines using an Income Shares Model, which combines both parents' weekly gross incomes, credits for overnights, health insurance, and work-related childcare. Even in a consent divorce, the agreed support figure must generally align with the Guidelines worksheet, and the parents must file that worksheet with the court. A judge can reject a settlement that sets support far below the guideline amount without a written justification. Use our child support calculator to estimate the guideline figure before you finalize your numbers, so your agreement matches what the court expects to see.
Step-by-Step: How to File a Stipulated Divorce in Indiana
Filing a stipulated divorce in Indiana follows a predictable sequence that, once residency is met, moves from petition to decree in as little as 60 days under Ind. Code § 31-15-2-13. The steps below outline the standard summary-dissolution path for spouses who agree on every issue.
- Confirm residency: verify one spouse meets the 6-month Indiana and 3-month county requirements under Ind. Code § 31-15-2-6.
- Prepare the petition: file a Petition for Dissolution of Marriage citing irretrievable breakdown under Ind. Code § 31-15-2-3, plus a summons and appearance forms.
- Pay the fee or request a waiver: pay $157-$177 or file the Application for Waiver of Filing Fees under Ind. Code § 33-37-3-2.
- Draft the settlement agreement: put every term in writing and have both spouses sign it under Ind. Code § 31-15-2-17.
- Complete the child support worksheet: if you have minor children, calculate support under the Indiana Child Support Guidelines and file the worksheet.
- File waivers of final hearing: both spouses sign verified waivers so the court can grant a summary decree without a hearing.
- Wait out the 60-day period: the court cannot enter a decree earlier than 60 days after filing under Ind. Code § 31-15-2-10.
- Submit the proposed decree: provide the court a decree that incorporates and merges the settlement agreement.
- Receive the signed decree: the judge reviews the file and signs; you obtain certified copies for your records.
Many spouses complete this process without ever appearing in court. If your situation involves complex assets, a business, or disputed custody, it is worth consulting a professional to find a divorce attorney who can review your agreement before you file. Even in an amicable settled divorce, a short flat-fee review can prevent costly mistakes in a document that becomes a permanent, binding contract.