How do I file for divorce in Indiana?

Indiana divorce is called 'dissolution of marriage' under Ind. Code Title 31, Article 15.

1. Residency Requirements — One spouse must have been an Indiana resident for 6 months and a county resident for 3 months before filing.

2. Grounds — Indiana is primarily no-fault. The most common ground is irretrievable breakdown of the marriage. Other grounds: conviction of a felony after marriage, impotence at the time of marriage, and incurable insanity for at least 2 years.

3. Required Forms — Verified Petition for Dissolution of Marriage, Summons, Appearance Form, Confidential Form, and (if children) a Child Support Obligation Worksheet and Verified Waiver if uncontested.

4. Filing Fee — Approximately $157 plus service fees. Petition for Waiver of Filing Fee available for indigent filers.

5. Service of Process — Certified mail, sheriff, or private process server. Respondent has 23 days to answer (28 days if served by certified mail).

6. Waiting Period — A mandatory 60-day cooling-off period from the date of filing must elapse before a final decree can be entered. The waiting period is non-waivable.

7. Property Division — Indiana presumes an equal (50/50) division of all marital property — including assets owned before marriage. The court may deviate from equal division based on statutory factors (contribution, economic circumstances, etc.).

8. Final Decree — A Decree of Dissolution of Marriage signed by the judge ends the marriage. Uncontested cases require minimal court involvement.

This is legal information, not legal advice.