Divorce Laws in Indiana: Complete 2026 Guide

Under Indiana Code § 31-15-2-3, a dissolution of marriage may be decreed upon a finding by the court of one of the following grounds and no other ground: (1) irretrievable breakdown of the marriage; (2) the conviction of either party, subsequent to the marriage, of a felony; (3) impotence existing at the time of the marriage; or (4) incurable insanity of either party for a period of at least two years. The irretrievable breakdown ground is the no-fault option and by far the most commonly used, as it does not require either spouse to prove wrongdoing by the other. Indiana is considered a no-fault divorce state because the irretrievable breakdown ground allows either spouse to seek divorce without assigning blame. To use this ground, one spouse simply needs to allege in the Petition for Dissolution of Marriage that the marriage has suffered an irretrievable breakdown. The court does not require detailed evidence of what caused the breakdown — the filing spouse's assertion is generally sufficient. This approach reduces conflict and can lead to a faster, less expensive divorce process. The fault-based grounds — felony conviction, impotence, and incurable insanity — are used far less frequently. A felony conviction must have occurred after the marriage took place. Impotence must have existed at the time of marriage (not developed later). For insanity, the condition must have persisted for at least two continuous years. These fault-based grounds may require more substantial evidence and court proceedings. It is important to note that while adultery is not a recognized ground for divorce in Indiana, a judge may consider it when making decisions about spousal maintenance under IC § 31-15-7-2 and, in some cases, property division if the adultery led to dissipation of marital assets. Marital misconduct generally does not impact child support or custody calculations unless the conduct directly affects the child's well-being.

Under Indiana Code § 31-15-2-6(a), at least one spouse must have been a resident of Indiana — or stationed at a United States military installation within Indiana — for at least six (6) months immediately preceding the filing of the Petition for Dissolution of Marriage. This is the state-level residency requirement that establishes Indiana's jurisdiction over the divorce. In addition to the state residency requirement, Indiana Code § 31-15-2-6(b) requires that at least one spouse must have been a resident of the county — or stationed at a military installation within the county — where the petition is filed for at least three (3) months immediately preceding the filing. This county-level requirement ensures that the case is filed in the proper local jurisdiction. If both spouses reside in Indiana but in different counties, either may file in their respective county of residence, provided the three-month county requirement is met. Temporary absences for work, travel, or other reasons generally do not interrupt continuous residency, so long as the filer maintains an Indiana domicile (permanent home). Military service members stationed in Indiana receive special consideration: if either spouse is assigned to a military base in Indiana for the requisite periods, that individual is considered a state and county resident for purposes of divorce jurisdiction. If neither spouse meets the residency requirements, the Indiana court lacks jurisdiction to process the divorce, and the case may be dismissed. In such cases, couples may need to file in the state from which they moved or wait until the residency requirements are satisfied. However, individuals who are close to meeting the requirements may begin preparing necessary documentation and consulting with an attorney so the case is ready to proceed once eligibility is established.

Indiana follows an equitable distribution model for dividing marital property, though the state's approach is unique. Under Indiana Code § 31-15-7-4, the 'marital pot' includes all property owned by either spouse — whether acquired before the marriage, during the marriage in their own right, or by the joint efforts of both parties. This expansive 'one pot theory' means that virtually all assets and debts are subject to division, including premarital property, inheritances, and gifts, though the origin of property is a factor the court considers. Indiana Code § 31-15-7-5 establishes a rebuttable presumption that an equal (50/50) division of marital property is just and reasonable. However, either party may present evidence that an equal division would not be fair under the circumstances. The court must consider several statutory factors before deviating from equal division, including: (1) the contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income or homemaking; (2) the extent to which the property was acquired by each spouse before the marriage or through inheritance or gift; (3) the economic circumstances of each spouse at the time the disposition is to become effective, including the desirability of awarding the family residence to the custodial parent; (4) the conduct of the parties during the marriage as related to the disposition or dissipation of their property; and (5) the earnings or earning ability of the parties. The court has flexibility in how it divides property. It may divide property in kind, set property over to one spouse and require an equalizing payment, or order the sale of property and divide the proceeds. Debts incurred during the marriage are also considered marital property and are subject to division. While separate property such as premarital assets and inheritances is included in the marital pot, the court may give weight to the source of those assets when determining whether to deviate from equal division. If separate property has been commingled with marital property — for example, depositing an inheritance into a joint bank account — it may lose its separate character and be treated fully as marital property. For this reason, spouses who wish to protect premarital or inherited assets should take care to keep them separate during the marriage. Business valuations, real estate appraisals, and retirement account analyses may be necessary in cases with significant or complex assets.

Indiana uses the term 'spousal maintenance' rather than alimony, and it is one of the most restrictive states in the country when it comes to awarding post-divorce support. Under Indiana Code § 31-15-7-2, a court may award spousal maintenance only in three specific circumstances: (1) when a spouse is physically or mentally incapacitated to the extent that their ability to support themselves is materially affected; (2) when a spouse lacks sufficient property to meet their needs and is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; or (3) rehabilitative maintenance, to help a spouse obtain education or training necessary to become employable and self-sustaining. Rehabitative maintenance is the most commonly sought form of spousal support in Indiana. Under IC § 31-15-7-2(3), it is limited to a maximum of three years from the date of the final decree. Courts consider factors such as the educational background of both parties, each spouse's earning capacity, work experience, length of absence from the job market, and the time and cost necessary to obtain the education or training needed for suitable employment. Maintenance based on spousal incapacity may last for the duration of the incapacity, subject to further court review. Caregiver maintenance (for custodians of incapacitated children) may be awarded for the period the court considers appropriate. Indiana does not use a specific formula to calculate maintenance amounts. The determination is at the court's discretion based on the circumstances of each case. Indiana generally does not consider marital fault when determining maintenance, and the standard of living during the marriage is not a direct statutory factor. Either spouse may request maintenance regardless of gender, but the requesting spouse must meet one of the strict statutory conditions. Temporary maintenance may also be ordered during the divorce proceedings under IC § 31-15-4-8 to maintain the status quo while the case is pending. Spousal maintenance orders can be modified if there is a substantial and continuing change in circumstances, and maintenance typically terminates upon the remarriage of the recipient spouse or the death of either party. Indiana's strong public policy favors a clean break, with both spouses becoming self-sufficient after divorce.

Indiana child custody law is governed by Indiana Code § 31-17-2-8, which requires the court to determine custody based on the best interests of the child. The statute explicitly states that there is no presumption favoring either parent, meaning mothers and fathers start on equal footing in custody proceedings. Indiana recognizes both physical custody (where the child lives) and legal custody (the right to make important decisions about the child's upbringing, including education, healthcare, and religion). Under IC § 31-17-2-8, the court must consider all relevant factors when determining the child's best interests, including: (1) the age and sex of the child; (2) the wishes of the child's parents; (3) the wishes of the child, with more consideration given if the child is at least 14 years of age; (4) the interaction and interrelationship of the child with parents, siblings, and other significant persons; (5) the child's adjustment to home, school, and community; (6) the mental and physical health of all individuals involved; (7) evidence of a pattern of domestic or family violence by either parent; and (8) evidence that the child has been cared for by a de facto custodian. Joint legal custody may be granted regardless of how parenting time is divided (IC § 31-17-2-14), if the court finds it is in the child's best interests (IC § 31-17-2-13). Factors considered for joint custody include whether the parties agree to joint custody, how close they live to one another, and whether they can communicate and cooperate effectively (IC § 31-17-2-15). Indiana courts generally prefer shared custody arrangements and parenting plans agreed upon by both parties. The Indiana Parenting Time Guidelines, established by the Indiana Supreme Court, provide a standard baseline for parenting time schedules, including provisions for weekdays, weekends, holidays, and vacations. These guidelines are based on the premise that frequent, meaningful, and continuing contact with each parent is usually in the child's best interest. Non-custodial parents are entitled to reasonable parenting time unless it would endanger the child's health or well-being (IC § 31-17-4). Many Indiana counties also require divorcing parents with minor children to attend a parenting education program.

The Indiana divorce process begins with the preparation and filing of a Verified Petition for Dissolution of Marriage. Under Indiana Code § 31-15-2-5, this petition must include specific information such as the names and addresses of both spouses, the date and place of the marriage, the names and ages of any minor children, whether the wife is pregnant, the grounds for divorce, and the relief sought. You must file this petition with the Clerk of Court in the Circuit or Superior Court of the county where either spouse resides and has lived for at least three months. After filing the petition, you must serve your spouse with the divorce papers. This is known as 'service of process' and provides formal legal notice of the pending action. Service can be accomplished through the county sheriff (typically for a fee of around $28), certified mail, or a private process server. If your spouse cannot be located, service by publication may be permitted. The filing spouse should also file an Appearance with the court. If minor children are involved, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit is also required. The filing fee for a divorce petition in Indiana typically ranges from $132 to $200 depending on the county. In many counties, such as Marion County and Clark County, the standard filing fee is approximately $157 to $177. If you cannot afford the filing fee, you may request a fee waiver by filing a Verified Motion for Fee Waiver with the court. Many Indiana counties also require the parties to complete financial disclosures and, if children are involved, attend parenting classes and complete a child support worksheet. After the mandatory 60-day waiting period following the filing of the petition, if the parties agree on all issues, they may file a settlement agreement and waiver of final hearing with the court for a summary dissolution decree. If issues remain contested, a final hearing will be scheduled where both parties present evidence, and the judge will issue a dissolution decree addressing all unresolved matters including property division, custody, child support, and spousal maintenance. In Indiana, divorce cases (dissolution of marriage proceedings) are handled by the state's trial-level courts. The petition for dissolution must be filed in the Circuit Court or Superior Court in the county where the residency requirement is met. Most Indiana counties have a Superior Court with a dedicated family law or domestic relations division that handles divorce, custody, child support, and related matters. In smaller counties, the Circuit Court may handle all types of cases, including divorces. Marion County (Indianapolis) has a specialized Family Law Division within the Superior Court system that handles a large volume of dissolution cases. Other populous counties such as Hamilton, Allen, Lake, and St. Joseph also have dedicated family courts or divisions. The specific court where your case is assigned will depend on local rules and case assignment procedures, which vary by county. Appeals from trial court divorce decisions are heard by the Indiana Court of Appeals. Either party may appeal aspects of the dissolution decree, such as property division, custody, or support orders. Importantly, under Indiana law, an appeal from a dissolution decree that does not challenge the dissolution itself does not delay the finality of the dissolution — meaning the parties may remarry during the appeal if they are only contesting financial or custody terms. The Indiana Supreme Court may grant further review in select cases. Indiana has moved to mandatory electronic filing (e-filing) through the Indiana E-Filing System (IEFS) in most counties. Self-represented litigants can access divorce forms through Indiana Legal Help (indianalegalhelp.org) and the Indiana Judicial Branch website. While Indiana allows self-representation in divorce cases, consulting with an attorney is strongly recommended, particularly when children, significant assets, or complex legal issues are involved.

Indiana imposes a mandatory 60-day waiting period before a divorce can be finalized. Under Indiana Code § 31-15-2-10, a final hearing in a dissolution of marriage action shall not be conducted earlier than sixty (60) days after the filing of the petition. This means that even in the most amicable, uncontested cases where both spouses agree on every issue, the earliest a divorce can be granted is 61 days after the petition is filed with the court. The purpose of this waiting period is to serve as a 'cooling off' period, giving both parties time to reflect on the decision and potentially pursue reconciliation. During this 60-day window, couples can work on negotiating and reaching agreements on key issues such as property division, child custody, parenting time, child support, and spousal maintenance. Productive use of this time can significantly reduce the overall length and cost of the divorce process. Unlike some states, Indiana does not require spouses to live apart or be physically separated before filing for divorce. There is no mandatory separation period. However, the 60-day waiting period after filing is strictly enforced by all Indiana courts. After the 60 days have passed, if the parties have reached a complete agreement, they may file for a summary dissolution decree under IC § 31-15-2-13, which may allow the court to finalize the divorce without a final hearing. If the parties have not reached a complete agreement, the court will schedule a final hearing. If the court orders the parties to attempt reconciliation at the final hearing (which is rare), the parties are given 45 days for family therapy. If no motion for dissolution is filed within 90 days after that period, the case may be automatically dismissed (IC § 31-15-2-15). In practice, most uncontested Indiana divorces are finalized within 2 to 4 months, while contested divorces can take anywhere from several months to over a year.