10 Things You Should Never Do During a Divorce in Indiana (2026 Guide)

Filing for divorce in Indiana triggers a mandatory 60-day waiting period under IC 31-15-2-10, and the decisions you make during that period and beyond can permanently affect your property division, custody outcome, and financial future. Indiana courts divide all marital property under a rebuttable 50/50 presumption per IC 31-15-7-5, meaning a single mistake, such as hiding assets, posting recklessly on social media, or violating a court order, can shift that division against you by tens of thousands of dollars. This guide covers what not to do during divorce in Indiana so you can protect your rights, your children, and your financial stability throughout the process.

Key Facts: Indiana Divorce at a Glance

1. Never Hide or Dissipate Marital Assets

Hiding assets during an Indiana divorce can result in contempt of court charges, perjury prosecution, mandatory payment of your spouse's attorney fees, and an unequal property division that awards the hidden assets entirely to your spouse. Under IC 31-15-7-5, factor 3, Indiana courts specifically examine "the conduct of the parties during the marriage as related to the disposition or dissipation of their property" when deciding whether to deviate from the 50/50 presumption.

Indiana is unique among equitable distribution states because IC 31-15-7-4 places all property owned by either spouse into the marital pot, including premarital assets, inheritances, and gifts. This broad scope makes full financial disclosure especially critical. Attempting to transfer assets to friends, family members, or newly created business entities before or during divorce proceedings is one of the biggest divorce mistakes you can make.

Courts use forensic accountants, subpoenaed bank records, and tax return cross-referencing to uncover hidden assets. Common red flags include sudden drops in reported income, unexplained cash withdrawals exceeding $10,000, and transfers to family members within 12 months of filing. If caught, you face not only an unfavorable property split but also potential criminal perjury charges under IC 35-44.1-2-1 for lying under oath, which carries up to 6 years in prison as a Level 5 felony.

2. Never Post on Social Media During Your Divorce

Social media posts are admissible evidence in Indiana divorce proceedings, and over 80% of family law attorneys report using social media evidence in their cases. A single Instagram photo of a luxury vacation or a Facebook post bragging about a new purchase can undermine your claims about financial hardship, contradict custody arguments, or damage your credibility with the judge.

Indiana courts routinely admit publicly available social media content. Photos showing partying, excessive spending, new romantic relationships, or disparaging remarks about your spouse can directly affect custody determinations under IC 31-17-2-8, which evaluates the mental and physical health of all individuals involved and the child's relationship with each parent.

The safest approach during divorce is to deactivate or suspend all social media accounts. If you cannot do that, follow these rules: never post about your case or your spouse, never post photos showing alcohol or substance use, never post about new purchases or travel, and never communicate with your spouse through social media. Even "private" messages can be subpoenaed during discovery. This is a common divorce error that is entirely preventable.

3. Never Violate Court Orders or Provisional Orders

Violating a temporary restraining order or provisional order in Indiana can result in contempt of court findings, fines, jail time, and a devastating impact on your credibility for the remainder of the case. Under IC 31-15-4-3, either party may request a temporary restraining order that prohibits transferring, encumbering, concealing, or disposing of any property except in the ordinary course of business or for necessities of life.

Indiana courts take violations of provisional orders seriously. A contempt finding under IC 34-47-3-5 can result in fines and incarceration. Beyond the immediate legal penalties, violating court orders signals to the judge that you cannot follow rules, which directly undermines your position on custody, property division, and credibility in all future hearings.

If you disagree with a court order, the proper remedy is to file a motion to modify the order through your attorney. Ignoring or deliberately circumventing the order is never an acceptable alternative. Common violations include spending from frozen accounts, moving children out of the jurisdiction without permission, and failing to pay court-ordered temporary support.

4. Never Use Your Children as Leverage or Messengers

Using children as pawns, messengers, or spies during an Indiana divorce directly harms your custody case and, more importantly, harms your children. Under IC 31-17-2-8, Indiana courts evaluate 8 specific best-interest factors when determining custody, including the interaction and interrelationship of the child with each parent and the child's adjustment to home, school, and community. A parent who involves children in adult conflict demonstrates poor judgment that courts weigh against that parent.

Specific behaviors to avoid include: asking children to relay messages to your spouse, questioning children about your spouse's activities or new relationships, speaking negatively about your spouse in front of the children, making children choose sides or express preferences before they are ready, and using withholding of visitation as punishment against your spouse. Indiana law gives greater weight to a child's wishes once the child reaches age 14 under IC 31-17-2-8(3), but pressuring children to express a preference before that age often backfires.

Family courts frequently appoint a Guardian ad Litem (GAL) to investigate and report on the children's best interests. A GAL will interview children, parents, teachers, and counselors. If the GAL discovers that a parent has been coaching children or involving them in parental disputes, that finding will appear in the GAL's report and significantly damage the offending parent's custody position.

5. Never Make Major Financial Decisions Without Legal Advice

Making large financial moves during an Indiana divorce, such as selling the family home, liquidating retirement accounts, taking on new debt, or making major purchases, can trigger adverse consequences under IC 31-15-7-5 and may violate provisional orders. Indiana's property division scheme includes all assets owned by either party under IC 31-15-7-4, and unilateral financial decisions can be treated as dissipation.

Common financial mistakes during divorce include: cashing out 401(k) accounts (which triggers a 10% early withdrawal penalty plus income taxes on top of the marital property division implications), running up credit card debt in anticipation of the divorce, cosigning loans for friends or family, quitting a job to reduce income available for support calculations, and giving away valuable personal property. Each of these actions creates a permanent financial record that the opposing attorney will use against you.

Instead, maintain the financial status quo as much as possible. Continue paying regular bills, maintain insurance coverage, and document all income and expenses. If you must make a financial decision, consult your attorney first. The cost of a 30-minute legal consultation, typically $150 to $350 in Indiana, is far less than the cost of an unfavorable property division ruling.

6. Never Refuse to Cooperate With Discovery or Disclosure

Refusing to respond to discovery requests or providing incomplete financial disclosures is one of the most damaging things you can do in an Indiana divorce. Indiana Trial Rule 37 authorizes courts to impose sanctions for discovery abuse, including striking pleadings, entering default judgment, awarding attorney fees, and holding the non-compliant party in contempt.

Indiana discovery in divorce cases typically includes interrogatories (written questions), requests for production of documents (bank statements, tax returns, pay stubs, business records), depositions, and requests for admissions. Failing to respond within the 30-day deadline or providing evasive answers gives the opposing party grounds to file a motion to compel, which adds $1,000 to $3,000 in unnecessary attorney fees to your case.

The consequences escalate quickly. A first failure to respond may result in a motion to compel and an order to pay the opposing party's fees for bringing the motion. A second failure can result in the court accepting the opposing party's version of your finances as true, essentially allowing your spouse's attorney to determine how your assets are valued and divided. Complete, timely cooperation with discovery protects your interests far better than avoidance.

7. Never Start a New Romantic Relationship Before the Divorce Is Final

Beginning a new romantic relationship before your Indiana divorce is finalized can negatively affect custody outcomes, inflame settlement negotiations, and increase your total legal costs by 20% to 40% due to prolonged litigation. While Indiana is a no-fault divorce state under IC 31-15-2-3 and adultery is not a listed ground, a new relationship during proceedings can still influence the court's decisions on several fronts.

In custody disputes, a new partner's presence in the home is a factor the court may examine under the IC 31-17-2-8 best-interest analysis, particularly regarding the child's adjustment and the mental and physical health of all individuals involved. If you introduce your children to a new partner prematurely, the court may view this as poor parental judgment. In contested cases, judges may order psychological evaluations or home studies that scrutinize the new relationship.

Financially, spending marital funds on a new partner can constitute dissipation of marital assets under IC 31-15-7-5, factor 3. Dinners, gifts, trips, and shared expenses with a new partner during the divorce are all subject to scrutiny. Even if the relationship is emotionally healthy, the financial and legal risks of starting it before the decree is entered far outweigh the benefits of waiting.

8. Never Move Out of the Family Home Without a Strategy

Leaving the marital home without a legal strategy can weaken your claim to the property, undermine your custody position, and create a presumption that your spouse is the primary residential parent. Under Indiana law, the court considers the desirability of awarding the family residence to the custodial parent as part of the property division analysis under IC 31-15-7-5, factor 2.

If you voluntarily vacate the home and your spouse remains with the children, you have created a de facto custody arrangement that the court may be reluctant to change. Indiana courts value stability in children's lives under IC 31-17-2-8(5), and a child who has been living primarily with one parent for several months during the divorce has established a status quo the court may preserve.

Before moving out, consult with your attorney about obtaining a provisional order under IC 31-15-4 that addresses temporary custody, use of the home, and financial obligations. If you must leave for safety reasons, document the circumstances thoroughly and file for a protective order under IC 34-26-5. The exception to staying is always domestic violence: your safety and your children's safety take absolute priority over any strategic consideration.

9. Never Ignore the 60-Day Waiting Period Requirements

Indiana's mandatory 60-day waiting period under IC 31-15-2-10 cannot be waived by either party, their attorneys, or the judge. The 60-day clock begins on the date the Verified Petition for Dissolution of Marriage is filed with the court clerk, not when you hire an attorney, not when your spouse is served, and not when you reach a settlement agreement.

This waiting period exists to provide a cooling-off period, but many people misunderstand what not to do during divorce in Indiana during these critical 60 days. Do not assume the waiting period means nothing is happening. Use this time productively: gather financial documents, create a complete inventory of marital assets and debts, attend any court-ordered mediation or parenting classes, and work with your attorney to develop your settlement proposal or trial strategy.

For uncontested divorces where both parties agree on all terms, the 60-day mark is the earliest possible finalization date. In Marion County (Indianapolis), the average uncontested divorce takes 90 to 120 days from filing to final decree. Contested divorces in Indiana typically take 6 to 18 months, and complex cases involving business valuations or custody disputes can extend beyond 2 years. Understanding these realistic timelines prevents frustration and rash decisions.

10. Never Represent Yourself in a Contested Divorce

Representing yourself (pro se) in a contested Indiana divorce is one of the most consequential divorce mistakes you can make, particularly when children, significant assets, or retirement accounts are involved. Indiana courts hold pro se litigants to the same procedural and evidentiary standards as licensed attorneys under Indiana Trial Rule 11, meaning "I did not know the rule" is not an accepted excuse for missed deadlines, improper filings, or procedural errors.

The financial stakes alone justify legal representation. The average contested divorce in Indiana costs $15,000 to $30,000 in attorney fees, but the cost of an unfavorable property division or custody order can be hundreds of thousands of dollars over a lifetime. An attorney who catches a hidden retirement account, properly values a family business, or secures a favorable parenting time schedule provides a return on investment that far exceeds their fees.

Indiana offers fee waiver programs for parties with household incomes at or below 125% of the federal poverty guidelines under IC 33-37-3-2, approximately $19,000 for a single person in 2026. Legal aid organizations such as Indiana Legal Services provide free representation for qualifying individuals. Even if you cannot afford full representation, many Indiana family law attorneys offer limited-scope representation (also called unbundled services) for $150 to $350 per hour for specific tasks like document review, court appearance, or settlement negotiation.

Contested vs. Uncontested Divorce in Indiana: Cost and Timeline Comparison

Frequently Asked Questions About What Not to Do During Divorce in Indiana

Can I date during my divorce in Indiana?

Indiana law does not prohibit dating during divorce, but starting a new relationship before the final decree is entered can negatively affect custody decisions under IC 31-17-2-8 and may constitute dissipation of marital assets under IC 31-15-7-5. Spending marital funds on a new partner, introducing children to a new partner prematurely, or having a new partner stay overnight while children are present can all be used against you. The safest approach is to wait until after the divorce is finalized.

What happens if I hide assets during an Indiana divorce?

Hiding assets in an Indiana divorce can result in contempt of court, criminal perjury charges under IC 35-44.1-2-1 carrying up to 6 years in prison, an order to pay your spouse's attorney fees, and an unequal property division awarding the hidden assets entirely to your spouse. Under IC 31-15-7-5, dissipation of assets is a specific statutory factor courts use to deviate from the 50/50 presumption. Courts use forensic accountants and subpoenaed records to uncover hidden assets.

Can social media posts be used against me in an Indiana divorce?

Social media posts that are publicly available are fully admissible as evidence in Indiana divorce proceedings. Over 80% of divorce attorneys report using social media evidence in cases. Posts showing lavish spending can contradict claims of financial hardship. Photos with alcohol or at parties can affect custody determinations. Negative posts about your spouse can demonstrate poor judgment. Even deleted posts can be recovered through digital forensics or opposing counsel's screenshots.

How long does a divorce take in Indiana?

The minimum timeline for any Indiana divorce is 60 days from filing under IC 31-15-2-10, and this waiting period cannot be waived. Uncontested divorces typically finalize in 90 to 120 days. Contested divorces average 6 to 18 months. Complex cases involving business valuations, custody disputes, or appeals can exceed 2 years. Marion County (Indianapolis) processes approximately 5,000 dissolution cases per year across its family courts.

What is the filing fee for divorce in Indiana?

The filing fee for divorce in Indiana is $157 in most counties and $177 in Marion County (Indianapolis) and Clark County, as of April 2026. Additional costs include $28 for Sheriff service of process or $40 to $75 for private process servers. Fee waivers are available under IC 33-37-3-2 for parties with household income at or below 125% of the federal poverty guidelines, approximately $19,000 for a single person or $26,000 for a two-person household. Verify current fees with your local clerk of court.

Should I move out of the house during divorce in Indiana?

Moving out of the family home without a legal strategy can weaken both your property claim and custody position. Under IC 31-15-7-5, courts consider awarding the family residence to the custodial parent. Voluntarily leaving while your spouse stays with the children creates a de facto custody arrangement that courts are reluctant to change. Consult your attorney before moving and obtain a provisional order addressing custody and financial obligations. The exception is domestic violence: leave immediately and file for a protective order under IC 34-26-5.

Does Indiana award alimony in divorce?

Indiana's spousal maintenance laws are among the most restrictive in the United States. Under IC 31-15-7-2, courts may award maintenance only in three situations: the spouse is physically or mentally incapacitated and cannot support themselves, the spouse is the custodian of a child whose incapacity requires the custodian to forgo employment, or rehabilitative maintenance for up to 3 years while the spouse completes education or training. Indiana does not award traditional long-term alimony based on lifestyle or length of marriage.

Can I refuse to cooperate with discovery in my Indiana divorce?

Refusing discovery requests in an Indiana divorce triggers escalating sanctions under Indiana Trial Rule 37. A first refusal typically results in a motion to compel and an order to pay the opposing party's attorney fees of $1,000 to $3,000. Continued non-compliance can lead to the court accepting your spouse's version of your finances as true, striking your pleadings, entering default judgment, or holding you in contempt with potential fines and jail time. Complete, timely cooperation is always in your best interest.

What are the residency requirements for filing for divorce in Indiana?

Indiana requires at least one spouse to have been a resident of Indiana for a minimum of 6 months and a resident of the county where the petition is filed for at least 3 months before filing, under IC 31-15-2-6. Military personnel stationed at a U.S. military installation in Indiana can satisfy this requirement through 6 months of being stationed in the state and 3 months in the filing county. The residency requirements must be met before filing, while the 60-day waiting period runs after the petition is filed.

What is the biggest financial mistake people make during divorce in Indiana?

The biggest financial mistake in Indiana divorce is failing to account for the full scope of the marital estate. Under IC 31-15-7-4, Indiana courts divide all property owned by either spouse, including premarital assets, inheritances, and gifts. This is broader than most states. Failing to properly value retirement accounts, stock options, business interests, or real estate can cost tens of thousands of dollars. Other costly mistakes include cashing out retirement accounts early (triggering a 10% penalty plus income taxes), quitting a job to reduce support obligations, and taking on new debt before the divorce is finalized.

Knowing what not to do during divorce in Indiana is often as important as knowing the right steps to take. Every decision you make during this process, from social media activity to financial transactions to interactions with your children, becomes part of the record that Indiana courts use to determine property division, custody, and support. Consult with an experienced Indiana family law attorney before making any significant decisions, and protect your interests by avoiding these 10 critical mistakes.

Written by Antonio G. Jimenez, Esq. (Florida Bar No. 21022). This guide provides general legal information about Indiana divorce law and is not a substitute for individualized legal advice from an attorney licensed in Indiana.