Indiana Code Title 31, Article 15 - Dissolution of Marriage

Indiana is primarily a no-fault divorce state. The main ground for dissolution is that the marriage is 'irretrievably broken.' Indiana also recognizes three fault-based grounds: conviction of a felony after the marriage, impotence existing at the time of marriage, and incurable insanity for at least two years.

Effective: 2024

At least one spouse must have been a resident of Indiana (or stationed at an Indiana military installation) for six months before filing. Additionally, at least one spouse must have lived in the county where the petition is filed for three months before filing. A guardian filing on behalf of an incapacitated person may file in the guardian's county of residence.

Effective: 2024

Either spouse may initiate a dissolution of marriage by filing a petition with the court. If a guardian of an incapacitated person files the petition, the guardian must include a copy of the court order granting authority to petition for dissolution under IC 29-3-9-12.2.

Effective: 2024

Indiana follows the 'one-pot' theory — the court may divide ALL property owned by either or both spouses, regardless of when or how it was acquired. This includes property acquired before the marriage, inherited property, and gifts. The court may divide property by: setting it aside to either spouse, ordering one spouse to pay the other, ordering a sale, or distributing future benefits like retirement.

Effective: 2024

Indiana law starts with a presumption that a 50/50 split of marital property is just and reasonable. A spouse seeking an unequal division must present evidence rebutting this presumption based on five statutory factors: each spouse's contributions to acquiring property, pre-marital property and inheritances, economic circumstances of each spouse, dissipation or misconduct related to property, and the earnings and earning ability of each spouse.

Effective: 2024

When dividing property, the court must consider the current and future tax consequences of the distribution for each party. This means the court looks beyond the face value of assets to evaluate what each spouse will actually receive after taxes — particularly important for retirement accounts, real estate, and investment assets.

Effective: 2024

Indiana is one of the most restrictive states for spousal support. The court may only award maintenance in three situations: (1) a spouse is physically or mentally incapacitated and cannot support themselves, (2) a spouse is the custodian of a child whose incapacity requires the spouse to forgo employment, or (3) rehabilitative maintenance for up to three years to allow a spouse who sacrificed education or career for homemaking to gain training and employment skills.

Effective: 2024

The court determines custody based on the child's best interests with no presumption favoring either parent. Statutory factors include: the age and sex of the child, wishes of each parent, wishes of the child (given more weight if the child is 14 or older), the child's relationships with parents and siblings, adjustment to home, school, and community, mental and physical health of all parties, evidence of domestic violence, and whether a de facto custodian has been caring for the child.

Effective: 2024

The court may award joint legal custody if it finds this arrangement is in the child's best interest. Joint custody may be granted regardless of how parenting time is divided. The court considers factors including whether the parents agree to joint custody, proximity of the parents' residences, and whether the parents can communicate and cooperate effectively in shared decision-making.

Effective: 2024

A non-custodial parent is entitled to reasonable parenting time unless the court finds it would endanger the child's physical health or significantly impair the child's emotional development. The Indiana Supreme Court's Parenting Time Guidelines set minimum recommended parenting time schedules. If a parent has been convicted of certain offenses within the prior five years, the court must order supervised parenting time.

Effective: 2024

A parent who intends to relocate must file a notice of intent to move with the court at least 30 days before the planned move (or within 14 days of learning of the relocation). The non-relocating parent has 20 days to respond. If no response is filed, the relocation is automatically permitted. An exception exists for moves that decrease the distance between residences or increase it by no more than 20 miles while the child stays in the same school.

Effective: 2024

The court may modify a parenting time order whenever the modification would serve the child's best interests. However, the court cannot restrict a parent's parenting time unless it finds that the parenting time might endanger the child's physical health or significantly impair the child's emotional development.

Effective: 2024

The court may order either or both parents to pay child support after considering: the financial resources of the custodial parent, the standard of living the child would have had if the marriage remained intact, the child's physical or mental condition and educational needs, and the financial resources and needs of the non-custodial parent. Indiana uses the Income Shares Model, which calculates support based on both parents' combined adjusted gross income.

Effective: 2024

The Indiana Supreme Court adopted the Income Shares Model as its child support guidelines. Parents' gross incomes are combined, each parent's percentage share is calculated, and a support schedule determines the basic weekly obligation based on combined income and number of children. Work-related childcare and health insurance costs are added, and the total is prorated between parents based on their income shares. A 2024 update significantly increased schedule amounts.

Effective: 2024

Child support or maintenance orders may be modified or revoked upon a showing of changed circumstances so substantial and continuing that the existing order is unreasonable. If the guideline amount differs from the existing order by 20% or more, this constitutes a rebuttable presumption that the existing order is unreasonable and modification is warranted.

Effective: 2024

Child support orders may be enforced through contempt of court, income withholding orders, or any other available remedies. If a court finds an intentional violation of a support order, it may hold the delinquent parent in contempt, suspend their driving privileges (IC 31-16-12-7), or suspend their professional or occupational licenses (IC 31-16-12-8). Arrearages survive even after the child support obligation ends.

Effective: 2024

Indiana imposes a mandatory 60-day waiting period from the date the dissolution petition is filed before the court may finalize the divorce. No final hearing or decree may be entered during this cooling-off period. The 60-day clock starts when the petition is filed, not when the other spouse is served.

Effective: 2024

After the 60-day waiting period, the court may enter a summary dissolution decree without holding a final hearing if both parties file verified pleadings containing: a written waiver of final hearing and either a statement that there are no contested issues or a written settlement agreement resolving all issues. This is the fastest path to divorce in Indiana for couples who agree on everything.

Effective: 2024

If spouses agree on some issues but not all, the court may bifurcate the proceedings — entering a summary disposition on uncontested issues while scheduling a hearing on contested issues. This allows the divorce itself to proceed while complex matters like property division or custody continue to be litigated.

Effective: 2024

During a pending dissolution, either party may request temporary orders for maintenance, child support or custody, possession of property, counseling, or a protective order. The court may issue a temporary restraining order to prevent either spouse from transferring, hiding, or disposing of marital property outside the ordinary course of business. The moving party must file an affidavit showing potential injury if the order is not immediately issued.

Effective: 2024

Whenever the court issues an order (other than an ex parte order), it must determine whether the case should be referred to mediation. The court considers the parties' ability to pay for mediation and whether mediation is appropriate for resolving their disputes. Once ordered, mediation must be completed within 60 days. Note: mediation is prohibited in cases involving protective orders for domestic violence.

Effective: 2024

In any dissolution proceeding, the court may order a party to pay a reasonable amount for the other party's attorney's fees and costs, including fees for provisional hearings. The court may order direct payment to the attorney. This provision ensures that a lower-earning spouse has access to legal representation even if they cannot independently afford it.

Effective: 2024

Victims of domestic or family violence may petition for a protective order, which can be issued ex parte (without notice to the abuser) if the court finds domestic violence has occurred. Orders last two years and may include: excluding the abuser from the home, prohibiting contact or use of tracking devices, ordering support payments, and requiring surrender of firearms. No filing fees are charged, and mutual protective orders are prohibited. Mediation is banned in domestic violence cases.

Effective: 2024

Indiana adopted the Uniform Premarital Agreement Act in 1995. A prenuptial agreement must be in writing, signed by both parties, and becomes effective upon marriage. Parties can agree on property rights, spousal maintenance, and estate matters, but cannot adversely affect a child's right to support. An agreement is unenforceable if it was not signed voluntarily or was unconscionable at the time of execution. Even if a prenup eliminates spousal maintenance, a court may override it to prevent extreme hardship under unforeseeable circumstances.

Effective: 2024

A woman who wants her maiden or previous married name restored must request it in her dissolution petition as part of the relief sought. If properly requested, the court must grant the name change when it enters the dissolution decree. Failure to include this request in the petition can make restoring a former name significantly more difficult, requiring a separate legal proceeding.

Effective: 2024

Retirement benefits, pensions, 401(k) accounts, and other deferred compensation are included in Indiana's 'marital pot' and subject to division. The court may order the distribution of benefits payable after the dissolution. A Qualified Domestic Relations Order (QDRO) is required under federal ERISA law to legally divide qualified retirement plan benefits. Military retirement pay, Thrift Savings Plans, and civil service pensions each require separate division orders.

Effective: 2024

The court may appoint a guardian ad litem to represent the best interests of a child or incapacitated party in a dissolution or legal separation action. The guardian ad litem investigates the circumstances and makes recommendations to the court. Courts may also appoint a court-appointed special advocate (CASA) to assist in cases involving children.

Effective: 2024

Indiana specifically accommodates military service members in divorce proceedings. A service member stationed at an Indiana military installation satisfies the residency requirement even if not a legal resident of the state. Under the federal Servicemembers Civil Relief Act, active-duty members may request a postponement (stay) of divorce proceedings for the duration of active duty plus 60 days after returning.

Effective: 2024