Divorce Resources in Indiana: Court Forms, Legal Aid & Filing Guide

To file for divorce in Indiana, you must have lived in the state for at least six months and in the county where you file for at least three months, as required by IC 31-15-2-6. Indiana is a no-fault divorce state — the only ground you need to establish is irretrievable breakdown of the marriage under IC 31-15-2-3. Begin by completing the Verified Petition for Dissolution of Marriage form packet from IndianaLegalHelp.org. Choose the correct packet based on whether you have minor children and whether your spouse agrees to the terms. File the completed petition with the Clerk of the Circuit or Superior Court in your county and pay the filing fee, which ranges from $157 to $185 depending on the county under the fee schedule set by IC 33-37-4-4 and related statutes.

After filing, you must serve your spouse with a copy of the petition and summons. Indiana law provides three service methods: personal delivery by the county sheriff for a $28 fee under IC 33-37-5-15, private process server, or your spouse may sign a Verified Waiver of Service of Process and Acknowledgement form voluntarily accepting the documents. Indiana imposes a mandatory 60-day waiting period from the date of filing before the court can issue a final decree under IC 31-15-2-10. During this period, both parties must exchange Financial Declaration Forms disclosing all assets, debts, income, and expenses. If minor children are involved, you must also file a Child Support Obligation Worksheet calculating support under the Indiana Child Support Rules and Guidelines using the Income Shares model.

For uncontested divorces where both parties agree on all terms — property division, debt allocation, child custody, parenting time, and support — you may file a Settlement Agreement and Decree of Dissolution along with a Verified Waiver of Final Hearing under IC 31-15-2-13, allowing the court to enter the decree without either party appearing. For contested cases, you must file a Motion for Final Hearing and attend the hearing. Most counties require mediation before trial under Indiana Alternative Dispute Resolution Rule 2.7. If children are involved, most counties require both parents to complete a court-approved parenting education class before the final hearing. The court divides marital property under a presumption of equal division per IC 31-15-7-5 and may deviate based on factors listed in that statute.

Indiana has no statewide statute mandating parenting education classes in divorce cases. However, most Indiana counties have adopted local court rules requiring both parents to complete a court-approved parenting education program when minor children are involved. In Marion County, for example, both parents must complete the course within 30 days of filing the dissolution petition. Other counties require completion before the court will schedule a final hearing. The course typically lasts four hours, covers topics such as the impact of divorce on children, co-parenting communication, and reducing conflict, and costs approximately $25–$75 per parent. Both parents must attend separately and file a certificate of completion with the Clerk. Fee waivers for the course are available upon showing of indigence. Online courses are increasingly accepted. Consult your county's local court rules or the Clerk's office for the specific requirement in your filing county.

Indiana does not impose a statewide statutory mediation requirement for divorce cases, but most courts order mediation under Indiana ADR Rule 2.7. Judges have discretion to refer any contested dissolution case to mediation, and many counties — including Marion, Hamilton, and Johnson — routinely require it before setting a case for trial. Under ADR Rule 2.4, parties have seven days to agree on a registered mediator; if they cannot agree, the court designates three qualified mediators and each side strikes one. Mediators must be attorneys in good standing or hold a qualifying degree plus 40 hours of approved domestic relations mediation training under ADR Rule 2.5. Both parties must attend and mediate in good faith. The mediator reports to the court within 10 days whether an agreement was reached, without making any recommendations. Any agreement must be in writing and signed by both parties and counsel. Mediation costs are allocated by the court under ADR Rule 2.6 based on case complexity and each party's ability to pay. Under IC 34-26-5-15, the court may not order mediation in cases involving protective orders for domestic violence. For more information, visit the Indiana Self-Service Legal Center mediation page.

Indiana requires both parties in a dissolution of marriage to exchange complete financial disclosures. Under Indiana Trial Rules 26 and 33 and county-specific local rules, each party must file a verified Financial Declaration Form within 60 days of the initial filing, disclosing all real estate, personal property, bank accounts, securities, life insurance policies, retirement accounts (pensions, 401(k)s, IRAs), and all liabilities including mortgages, credit cards, student loans, and medical debts. Income from all sources and monthly living expenses must be itemized. The disclosure is signed under penalty of perjury. If property appraisals are pending, supplemental disclosures must be provided within 30 days of receiving appraisal results. When minor children are involved, a completed Child Support Obligation Worksheet must accompany or follow the financial declaration within 10 days. Indiana law presumes an equal (50/50) division of marital property under IC 31-15-7-5. Failure to disclose assets can result in sanctions, forfeiture of undisclosed assets, assignment of undisclosed debts, and an award of the other party's attorney fees and investigation costs.