Indiana is primarily a no-fault divorce state. The most common ground is the irretrievable breakdown of the marriage, which requires no proof of wrongdoing. Indiana also recognizes limited fault-based grounds including conviction of a felony after the marriage, impotence existing at the time of the marriage, and incurable insanity for at least two years. The vast majority of Indiana divorces proceed on the no-fault ground of irretrievable breakdown.
To file for divorce in Indiana, one spouse files a Petition for Dissolution of Marriage in the Circuit or Superior Court of the county where either spouse resides. The filing fee is approximately $157 in most counties, with some counties like Marion County charging up to $177. The petition must be served on the other spouse, and the respondent has 30 days to file a response. Indiana law requires a mandatory 60-day waiting period from the date of filing before the court can issue a final decree. Both parties must complete and exchange financial declaration forms.
At least one spouse must have been a resident of Indiana for six months and a resident of the county where the petition is filed for three months immediately before filing. Military personnel stationed in Indiana who have been present for the required periods also satisfy these requirements. If neither spouse meets the county residency requirement, the petition may still be filed in the county where one spouse resides, but the waiting period may be extended.
Indiana follows a unique approach to property division. Under Indiana Code §31-15-7-4, there is a rebuttable presumption that an equal division of marital property is just and reasonable. The court divides all property owned by either spouse, whether acquired before or during the marriage, in a just and reasonable manner. This "all property" approach means that even assets brought into the marriage are subject to division, though the court may consider how and when property was acquired.
The court may deviate from the presumption of equal division based on the contribution of each spouse to the acquisition of property, whether the property was acquired before or during the marriage (or was acquired through inheritance or gift), the economic circumstances of each spouse at the time of the disposition, the conduct of the parties during the marriage as it relates to the disposition of their property, and the earnings or earning ability of each party. Tax consequences and any written agreements between the parties are also considered.
Indiana courts determine child custody based on the best interests of the child under Indiana Code §31-17-2-8. The court may award legal custody (decision-making authority) and physical custody (where the child lives) either solely or jointly to the parents. Indiana adopted the Indiana Parenting Time Guidelines, which provide a framework for non-custodial parent visitation.
Legal custody grants a parent the right to make major decisions about the child's upbringing, including education, health care, and religious training. Physical custody determines the child's primary residence. Joint legal custody is common, while physical custody arrangements are based on each family's circumstances. Indiana's Parenting Time Guidelines establish a minimum baseline for the non-custodial parent's time with the child.
Indiana courts consider the age and sex of the child, the wishes of the parents and the child (with the child's wishes given more weight as the child matures), the interaction and relationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, evidence of a pattern of domestic or family violence, and whether a de facto custodian exists. The court also evaluates each parent's willingness to facilitate the child's relationship with the other parent.
Indiana imposes a mandatory 60-day waiting period from the date the petition is filed. This waiting period cannot be waived even if both parties agree to all terms. An uncontested divorce typically finalizes within two to three months. Contested divorces can take six months to over a year depending on the issues in dispute.
Yes, Indiana law creates a rebuttable presumption that an equal division of the marital estate is just and reasonable. However, either spouse can present evidence to rebut this presumption and argue for a different distribution. The court considers several factors, including each spouse's contributions and economic circumstances, in determining whether to deviate from equal division.
The Indiana Parenting Time Guidelines are court-adopted standards that establish minimum parenting time for the non-custodial parent. They cover regular weekday and weekend schedules, holidays, school breaks, and summer vacation. While these guidelines set a baseline, parents and courts may agree to more generous parenting time arrangements.
Yes, you can represent yourself (pro se) in an Indiana divorce. Many Indiana courts provide self-help resources and standardized forms for dissolution proceedings. However, if your divorce involves significant assets, complex property issues, or contested custody matters, consulting with an attorney is strongly recommended.