Divorce Checklist for Indiana

Indiana Code § 31-15-2-6 requires that at least one spouse has been a resident of Indiana for a minimum of six consecutive months and a resident of the county where the petition will be filed for at least three consecutive months immediately before filing. Military personnel stationed at a United States military installation within Indiana for six months satisfy the state residency requirement, and must also meet the three-month county residency threshold. Gather documentation proving your residency such as a valid Indiana driver's license, voter registration card, utility bills, lease agreements, or mortgage statements showing your county address. If both spouses live in different Indiana counties, either spouse may file in the county where they individually meet the three-month residency requirement. The court clerk will verify these averments against the petition at filing, so ensure your documentation is current and consistent with the dates stated in your Verified Petition for Dissolution of Marriage.

Under Indiana Code § 31-15-2-3, the primary ground for dissolution of marriage is irretrievable breakdown of the marriage, making Indiana a no-fault divorce state since 1973. This means neither spouse must prove wrongdoing — only that the marriage cannot be repaired. Indiana also recognizes three fault-based grounds: felony conviction of either spouse after the marriage, impotence existing at the time of the marriage, and incurable insanity of either spouse for a period of at least two years. The vast majority of Indiana divorces cite irretrievable breakdown because it requires no evidence of fault and cannot be contested on the merits. When completing the Verified Petition for Dissolution of Marriage (Form PS-31152-1), you must specify your chosen ground under the averments section. Selecting the no-fault ground streamlines proceedings and avoids evidentiary hearings on marital misconduct, though the court may still consider conduct when dividing property under IC 31-15-7-5.

Before filing your petition, compile all personal identification documents, marriage records, and financial information that the court will require throughout the dissolution process. Indiana Code § 31-15-2-5 requires the petition to include specific averments about each party's residence, the date of marriage, the date of separation, and detailed information about any minor children including names, ages, and addresses. You will also need your certified marriage certificate to prove the legal marriage exists. Begin organizing financial records early because Indiana is a one-pot property division state under IC 31-15-7-4, meaning all property owned by either spouse — whether acquired before or during the marriage — is subject to division. Collect at least three years of tax returns, recent pay stubs, bank statements, retirement account statements, real estate deeds, vehicle titles, and credit card statements. Having these documents organized before filing prevents delays during the mandatory financial disclosure process that most Indiana counties require.

If you are experiencing domestic violence, Indiana law provides immediate protective relief through the filing of a Petition for Order for Protection under IC 34-26-5. The court can issue an ex parte protective order the same day without the abuser being present, granting temporary custody of children, exclusive possession of the marital home, and prohibiting contact. This protective order remains in effect for up to two years and can be extended. Safety planning should occur before filing for dissolution because the filing itself may escalate dangerous behavior. The Indiana Coalition Against Domestic Violence operates a 24-hour hotline at 1-800-332-7385 and provides safety planning, shelter referrals, and legal advocacy at no cost. Indiana courts are required to consider domestic violence when making custody determinations under IC 31-17-2-8, and a history of domestic violence creates a rebuttable presumption against awarding custody to the abusive parent. Document any incidents with photographs, medical records, police reports, and contemporaneous written accounts.

The Verified Petition for Dissolution of Marriage is Indiana's official divorce-initiating document, designated as Form PS-31152-1 by the Indiana State Court Administration. Under IC 31-15-2-5, the petition must be verified (signed under oath) and must include six required averments: the residence and length of residency in Indiana and the county for each party, the date of the marriage, the date the parties separated, the names, ages, and addresses of all living children under age 21 and any incapacitated children, whether the wife is pregnant, the grounds for dissolution, and the specific relief sought. Indiana Legal Help at indianalegalhelp.org provides four situation-specific form packets: divorce without children when spouses agree, divorce without children when spouses disagree, divorce with minor children when spouses agree, and divorce with minor children when spouses disagree. Select the packet matching your circumstances. Each packet includes step-by-step instructions and typically requires approximately two hours to complete all forms.

If you and your spouse agree on all terms of the dissolution — including property division, debt allocation, spousal maintenance, child custody, parenting time, and child support — prepare a written Settlement Agreement to submit with your petition. Indiana uses the Decree of Dissolution of Marriage and Settlement Agreement form, designated PS-31152-3, approved by the State Court Administration. Under IC 31-15-7-4, Indiana is a one-pot state where all property of both parties is subject to division, and IC 31-15-7-5 establishes a rebuttable presumption of equal division. Your agreement should address real estate, vehicles, bank accounts, retirement accounts, personal property, and all marital debts. If minor children are involved, the agreement must include a custody and parenting time plan consistent with the Indiana Parenting Time Guidelines and a completed Child Support Obligation Worksheet. The court retains authority to reject any agreement it finds unjust or not in the children's best interests, even in uncontested cases.

File your completed Verified Petition for Dissolution of Marriage and all accompanying documents with the Clerk of the Circuit or Superior Court in the county where you or your spouse meets the three-month residency requirement under IC 31-15-2-6. Indiana counties charge a filing fee that typically ranges from $132 to $185 depending on the county, with the statewide base civil filing fee at $157 and an additional $28 for sheriff service of process. Marion County charges approximately $177 for the filing fee. You may file in person at the county courthouse clerk's office or electronically through the Indiana E-Filing System at in.gov/courts/efiling/. Upon filing, the clerk will assign a case number, stamp your documents with the filing date, and issue a summons. The 60-day mandatory waiting period under IC 31-15-2-10 begins on the date the petition is filed, not the date of service. Retain your stamped copies and case number for all future filings and correspondence with the court.

When minor children are involved in the dissolution, Indiana Child Support Rules and Guidelines require both parents to complete and file a Child Support Obligation Worksheet with the court. The official worksheet is available at in.gov/courts/files/csow.pdf and was substantially revised effective January 1, 2024, eliminating the former 6-percent rule for uninsured healthcare expenses and recalibrating the parenting time credit for non-custodial parents with more than 51 annual overnights. Each parent must complete their portion of the worksheet, sign it, and file it with the court regardless of whether the parties agree on support amounts. The worksheet calculates each parent's proportionate share based on combined weekly adjusted income, the number of children, work-related childcare costs, health insurance premiums, and uninsured medical expenses. Under the revised guidelines, any deviation from the calculated amount must include a specific written justification — a general statement that parties agree to deviate is no longer sufficient. The court will not approve a support order without a completed worksheet in the record.

Under IC 31-15-2-8, a copy of the petition and summons must be served upon your spouse in the same manner as service of summons in civil actions generally, as governed by Indiana Trial Rule 4. The most common and cost-effective method is service by certified mail with return receipt requested through the county clerk's office. Alternatively, you may use the county sheriff's office for personal service at a cost of approximately $25 to $50, or hire a private process server. If your spouse's location is unknown after diligent search, you may petition for service by publication in a newspaper of general circulation under Indiana Trial Rule 4.13. Your spouse may also voluntarily accept service by signing a Waiver of Service form, available from IndianaLegalHelp.org, which tells the court that your spouse received the documents directly from you by mail or hand delivery. Once service is completed, file the proof of service — whether a return receipt, sheriff's return, affidavit of service, or signed waiver — with the court clerk to establish the record.

After being served, your spouse has 20 days to file a responsive pleading with the court under Indiana Trial Rule 6(C). The deadline runs from the date of service, not the date of filing, and if service was completed by United States mail, an additional 3 days are added to the response period under Trial Rule 6(E), making the effective deadline 23 days. Your spouse may file an Answer agreeing or disagreeing with the petition's terms, or may file a Counter-Petition for Dissolution seeking different relief. If your spouse fails to respond within the prescribed period, you may request a default judgment under Indiana Trial Rule 55 by demonstrating that service was properly completed, no response was filed, and the respondent is not a minor, incompetent person, or active-duty servicemember protected by the Servicemembers Civil Relief Act. Your spouse may also request a 30-day extension to respond if they act within the initial 20-day window. If a response is filed contesting any terms, the case becomes contested and will proceed through discovery, mediation, and potentially trial.

Most Indiana counties require both parties to complete and exchange a Financial Declaration Form detailing all income, assets, liabilities, and monthly expenses. While there is no single statewide form number, counties provide their own versions — for example, Tippecanoe County uses Appendix H and Lake County uses Appendix I for dissolution cases. The Financial Disclosure Statement is also available through the Indiana State Forms portal at forms.in.gov. Under the declaration, each party must certify they have made a complete and absolute disclosure of all assets and liabilities. If a party is later proven to have intentionally concealed an asset, the court may award that asset to the other party and impose sanctions including attorney's fees. When child support is at issue, a completed Child Support Guideline Worksheet must be attached to the Financial Declaration Form or exchanged with opposing counsel within 10 days of receiving the other party's declaration. Indiana's one-pot property division rule under IC 31-15-7-4 makes complete financial transparency essential — the court divides all property, including assets acquired before the marriage and inherited property.

Under IC 31-15-4-1, either party may file a motion for provisional (temporary) orders at any time after the petition is filed, addressing temporary maintenance, temporary child support or custody, possession of property, counseling, or a protective order. The court is required to schedule a preliminary hearing promptly under IC 31-15-4-5, and must issue its determination within 21 days of the petition being filed per IC 31-15-4-6. Provisional orders provide critical short-term stability regarding who stays in the marital home, who has temporary custody of the children, and whether either spouse receives temporary financial support during the pendency of the divorce. These orders remain in effect until the final decree is entered or the petition is dismissed under IC 31-15-4-14, and may be modified before the final decree upon a showing of changed facts under IC 31-15-4-15. Provisional orders do not prejudice either party's rights at the final hearing under IC 31-15-4-13, meaning the judge may reach different conclusions in the final decree.

Most Indiana counties require both parents in a dissolution involving minor children under age 18 to complete a court-approved parenting education class before the court will schedule or conduct the final hearing. While this is not a statewide statutory requirement, virtually all Indiana counties have adopted local rules mandating it. The class is typically a minimum of four hours and covers topics including the impact of divorce on children, effective co-parent communication, identifying children's developmental needs, and avoiding common post-separation parenting pitfalls. Hamilton County requires completion within 60 days of filing; Marion County requires completion within 30 days of filing. Course fees range from $25 to $75 per parent. Both parents must complete the class separately — they are not required to attend together. Upon completion, the provider issues a certificate that must be filed with the court clerk. Failure to complete the class may result in contempt of court proceedings and will delay your final hearing. Check your county's local rules for the specific approved provider list and deadline.

Indiana courts strongly encourage and frequently require mediation before contested issues proceed to trial, particularly in cases involving custody and parenting time disputes. The Indiana Parenting Time Guidelines require all parties to participate in mediation prior to scheduling any contested parenting matter before the court, unless otherwise ordered. Hamilton County's local rules specifically mandate mediation before any contested hearing, including post-decree custody and parenting time modifications. Parties may select a private mediator by mutual agreement or request the court to appoint one from its approved panel. Private mediators typically charge $200 to $300 per hour, with costs shared equally between the parties. Some counties offer free or reduced-cost mediation through their Domestic Relations Counseling Bureau. Mediation is confidential — statements made during mediation cannot be used as evidence at trial. Cases involving documented domestic violence may be excused from the mediation requirement upon motion to the court. If mediation produces a full or partial agreement, the mediator will draft a memorandum of understanding for the parties to review with their attorneys before submitting it to the court for approval.

Indiana Code § 31-15-2-10 imposes a mandatory 60-day waiting period from the date the petition is filed before the court may grant a dissolution of marriage. This waiting period cannot be waived by agreement of the parties or by court order — it applies to every Indiana divorce regardless of whether the case is contested or uncontested. The purpose of the waiting period is to provide a cooling-off interval and ensure that the decision to divorce is deliberate. During this period, parties should use the time productively to negotiate settlement terms, complete required parenting education classes, exchange financial disclosures, and attend mediation if ordered. If all issues are resolved and the settlement agreement is signed before the 60 days elapse, the parties must simply wait until the period expires before the court will enter the final decree. In uncontested cases where both parties agree, the court may enter a summary dissolution decree under IC 31-15-2-13 without holding a final hearing once the 60-day period has passed and all paperwork is complete.

After the 60-day waiting period expires, the court will schedule a final hearing to review the terms of the dissolution. In uncontested cases where both parties agree and all required documents — including the Settlement Agreement, Child Support Obligation Worksheet, Financial Declaration Forms, and parenting class certificates — have been filed, the final hearing typically lasts 15 to 30 minutes. The petitioner must testify under oath that the marriage is irretrievably broken and confirm the terms of the settlement agreement. In contested cases, the final hearing may involve multiple days of testimony and evidence regarding property division under IC 31-15-7-4 and 31-15-7-5, child custody under IC 31-17-2-8, spousal maintenance, and child support. The judge will then issue a Decree of Dissolution of Marriage (Form PS-31152-3) incorporating the settlement agreement terms or the court's own findings. The decree is final upon entry, and property division orders cannot be modified post-decree except for fraud under IC 31-15-7-9.1. Either party may appeal the final decree within 30 days of entry.