Header

Indiana Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 1, 2024

Editorial Note: This content is based solely on the author's opinions and is not provided, approved, endorsed or reviewed by any partner.

We receive compensation from third parties when you apply for and receive one of their products or services on this website. This may impact which companies we feature or review, the products and services we evaluate, and where and how a product or service appears on this website.

If you're contemplating a divorce in Indiana, it's imperative to be well-equipped with the right knowledge. This definitive guide offers a thorough examination of Indiana divorce, shedding light on the various facets involved.

In this comprehensive guide to Indiana divorce, you'll learn everything you need to know, including:

How do you file for divorce in Indiana?

Pursuing a divorce in Indiana requires a keen awareness of the state's legal processes, along with a thoughtful strategy. From initial filing to the final decree, understanding each phase can equip individuals with the foresight necessary to navigate the complexities of dissolution. Here’s an expanded look:

  1. Initiation through Documentation: The very first step in an Indiana divorce is the preparation and submission of the "Petition for Dissolution of Marriage." This document, detailing the reasons and specifics of the divorce request, must be filed by one spouse, termed the petitioner, at the Circuit Court located in the county of their residence.
  2. Strategic Venue Selection: While the initial thought might be to file in the county where the petitioner currently resides, there's another option. If the couple had recently cohabitated in a different county, the petition could be filed there. This decision can be influenced by factors such as convenience, legal strategy, or familiarity with specific county courts.
  3. Ensuring Proper Notification: After the petition's filing, it's legally mandatory that the other spouse, the respondent, be informed. This is typically executed through certified mail or, for more assured delivery, by employing a process server. This formal notification, or "service," is essential for the divorce process to move forward.
  4. Window for Response: Once served, the respondent isn't left without a voice. They're provided a 30-day window to submit their response. Within this timeframe, they can either agree with the petition, challenge specific claims, or present counterclaims. Their stance can shape the trajectory of the proceedings.
  5. Implementation of Provisional Orders: Divorce is not always swift, and during its pendency, certain immediate matters may arise. This is where provisional orders come into play. These are interim rulings that provide temporary resolutions on urgent matters such as child custody, spousal support, or even restrictions on assets like shared property or bank accounts.
  6. Transparent Information Exchange: A phase commonly termed "discovery" ensures both parties are on the same page. Here, spouses are required to disclose assets, income, debts, and other pertinent financial details. This transparency is pivotal for fair negotiations and rulings, particularly concerning property division or support determinations.
  7. Facilitating Conflict Resolutions: Not all divorces are amicable, and disputes can emerge. Before escalating to a court trial, many couples opt for mediation—a facilitated negotiation process wherein a neutral mediator aids in finding common ground. If consensus remains elusive, the next step could be court hearings or a trial.
  8. Finalizing the Divorce: Once all disputes are settled, the end is in sight. The court, upon review of all agreements and considerations of any hearings, will issue the final divorce decree. This document marks the official termination of the marriage, with both parties now legally divorced and bound by the terms stipulated within the decree.

What are the residency requirements for an Indiana divorce? 

Navigating the path to divorce in Indiana begins with ensuring that at least one spouse meets the residency requirements, which validates the state's jurisdiction over the divorce proceedings:

  1. State Residency Duration: To initiate a divorce process in Indiana, at least one of the spouses should have been a bona fide resident of the state for a minimum duration of six months preceding the filing.
  2. Local Residency: Beyond statewide residency, the spouse filing the divorce petition should have lived in the county of filing for a minimum of three months. This ensures that the local courts have proper jurisdiction to hear the case.
  3. Establishing and Proving Residency: Establishing residency is more than just a physical presence. It implies an intention to live in and treat a place as one's permanent home. Documents such as an Indiana driver's license, voter registration card, utility bills in one's name, or lease agreements can serve as proof of residency during the divorce proceedings.

What are the grounds for divorce in Indiana? 

While Indiana predominantly operates under a "no-fault" divorce system, it's crucial to understand what that signifies and what other grounds are recognized:

  1. No-Fault Ground: The predominant reason cited in many Indiana divorces is the "irretrievable breakdown" of the marriage. In these instances, neither spouse is legally required to prove that the other did something wrong leading to the end of their marital relationship.
  2. Fault-Based Grounds: While no-fault divorces are common, Indiana does recognize certain fault-based grounds, including:
    • Conviction of a felony after the marriage
    • Impotence at the time of the marriage
    • Abandonment by either party for at least one continuous year.
  3. Impact on Divorce Proceedings: It's noteworthy to mention that while proving fault isn't necessary to obtain a divorce, any instances of marital misconduct can influence other facets of the divorce process. For instance, while dividing assets or determining alimony, the court might consider any adverse behavior.

How to get a quick divorce in Indiana 

Time is often of the essence for those wishing to move forward from a dissolved marriage. To expedite the divorce process in Indiana, consider the following steps:

  1. Uncontested Divorce: Mutual agreement can significantly hasten the divorce journey. When both spouses reach a consensus on all matters—ranging from property distribution, child custody, to financial considerations—it paves the way for an uncontested divorce. Such proceedings are inherently more streamlined, sidestepping many potential roadblocks and legal complexities.
  2. Accurate and Comprehensive Documentation: The importance of correctly filled and thorough paperwork cannot be overstated. Any inaccuracies or omissions can lead to delays, additional court proceedings, or the necessity for resubmissions. It's advised to double-check all documentation, possibly with legal counsel, to ensure everything is in order.
  3. Mediation Over Litigation: If disputes do arise, mediation stands out as an efficient alternative to court trials. A neutral mediator assists the couple in reaching agreements, offering a platform for constructive dialogue. This method can resolve issues faster than traditional court hearings, which might be subject to prolonged scheduling or legal formalities.

Does Indiana require separation before divorce? 

In Indiana, while there isn't a stringent mandate for couples to undergo a formal period of separation prior to filing for divorce, the state does incorporate built-in mechanisms to offer couples a period for reflection. 

Once a divorce is officially initiated with the requisite filings, Indiana law stipulates a mandatory 60-day waiting period before the court can finalize the dissolution of the marriage. This interim phase serves multiple purposes: it provides spouses an opportunity to contemplate their choices, offers time for any attempted reconciliations, and allows for the orderly preparation for post-divorce arrangements, such as financial settlements or child custody agreements.

How much does an Indiana divorce cost? 

Navigating the fiscal landscape of divorce in Indiana entails a multi-faceted analysis of potential costs, ensuring that individuals are adequately prepared:

  1. Court Filing Fees: Integral to any divorce process, these fees cover the administrative costs associated with filing and processing the divorce in Indiana courts.
  2. Legal Representation: Attorney's fees can vary widely based on several parameters: the complexity of the case, the reputation and experience level of the attorney, and the length and nature of legal proceedings. While an uncontested divorce might be relatively predictable in terms of legal fees, contested divorces can see these expenses soar.
  3. Unforeseen Expenditures: Divorces often entail more than just legal fees. Couples might need mediation services to amicably resolve disputes or expert consultations for issues like asset valuation, child custody evaluations, or forensic financial analyses. Such specialized services, while potentially crucial for the case, add layers of cost to the divorce process.

How long does an Indiana divorce take? 

The timeline of an Indiana divorce isn't set in stone, but rather, it oscillates based on the intricacies and nature of each specific case. The simplest uncontested divorces might wrap up shortly after the mandatory 60-day waiting period post-filing. However, the waters become murkier with contested divorces. Here, disagreements on issues like property distribution, alimony, or child custody can introduce delays. Such divorces, necessitating multiple court hearings, mediations, or even trials, can span months, if not years. Additionally, court schedules, the efficiency of involved attorneys, and the promptness of document exchanges also play roles in determining the overall duration.

How is property divided in an Indiana divorce? 

Property division in Indiana divorces operates under the umbrella of "equitable distribution." This concept, rooted in fairness, doesn't guarantee a 50-50 split but aims for a division that's just and reasonable given the marital circumstances:

  1. Considerations for Division: The courts weigh various factors when dissecting marital property. They assess the duration of the marriage, the economic situation of each spouse at the time of division, the contribution of each party to the marital estate (this includes non-monetary contributions like homemaking and child-rearing), and any dissipation of assets.
  2. Marital vs. Separate Property: It's crucial to differentiate between assets and debts acquired during the marriage (marital property) and those that predate the marriage or were acquired individually, such as through inheritance or personal gifts (separate property). While marital property is on the table for division, separate property typically remains exclusive to the individual spouse.
  3. Conduct and Misconduct: Interestingly, in Indiana, the court might also consider the conduct of the spouses during the marriage when dividing property. So, while Indiana is a no-fault divorce state, any misconduct, like infidelity or financial recklessness, can potentially tilt property division decisions.

How is child custody determined in Indiana?

In Indiana, the primary compass guiding child custody determinations is the overarching welfare and best interests of the child. The courts delve deeply into various facets of both the child's and parents' lives to ensure decisions enhance the child's well-being:

  1. Best Interests Factors: To discern what serves a child's best interests, courts evaluate a myriad of elements: the child's age, any expressed preferences (especially if the child is of a certain maturity), the physical and mental well-being of parents and child, the child's adjustment to their current school, home, and community, the level of conflict between parents, and each parent's willingness to support the child's relationship with the other parent.
  2. Parental Role & Interaction: The nature and depth of each parent's involvement in the child's life, including their commitment to nurturing, education, and the establishment of a stable living environment, are heavily weighed.
  3. Types of Custody: Indiana delineates custody into two principal categories:
    • Physical Custody: This pertains to where the child resides primarily and which parent assumes day-to-day caregiving responsibilities.
    • Legal Custody: This refers to the authority to make pivotal decisions in a child's life, encompassing aspects like education, healthcare, and religious upbringing. Within these types, Indiana courts can grant either joint (shared responsibilities and rights by both parents) or sole custody (predominant rights vested with one parent).

How is alimony determined in Indiana? 

Spousal maintenance, or alimony, in Indiana is a nuanced aspect of divorce proceedings, designed primarily to address economic disparities that might arise post-divorce:

  1. Circumstantial Evaluation: Unlike some states, Indiana doesn't automatically award alimony. Instead, its provision is contingent upon specific circumstances, such as if one spouse is mentally or physically incapacitated and thus unable to support themselves, or if they have custody of a child whose physical or mental incapacitation necessitates the parent not working.
  2. Economic Disparities: The courts assess if one spouse may face undue economic hardship following the divorce, especially if they sacrificed their earning potential or career progression for marital or familial obligations.
  3. Contributions to Marriage: Beyond financial considerations, courts recognize non-monetary contributions. If one spouse, for instance, set aside their education or career pursuits to support the other's professional advancements or to manage household responsibilities, such sacrifices play into alimony deliberations.
  4. Rehabilitative Maintenance: Indiana courts can award temporary spousal support, termed rehabilitative maintenance, aimed at providing the receiving spouse time and resources to acquire necessary education or training to re-enter the workforce.
  5. Duration and Amount: The alimony's quantum and duration hinge on multiple factors, including the length of the marriage, the standard of living during the marriage, each spouse's financial and non-financial contributions, and the recipient spouse's future financial prospects.
  6. Modification: Notably, spousal maintenance isn't set in stone. If significant changes in circumstances arise post-divorce, such as a substantial increase in the receiving spouse's income, either party can request the court to modify the alimony agreement.

Indiana Divorce: FAQ

  • Can spouses use the same lawyer in an Indiana divorce?
    Typically, to avoid a conflict of interest, each spouse should have their attorney.
  • How are retirement benefits divided in Indiana?
    Retirement benefits acquired during the marriage are usually considered marital property and are subject to division.
  • Is marital misconduct a factor in property division?
    Yes, the conduct of the parties can influence property division decisions in Indiana.
  • Can alimony decisions be modified?
    Yes, under specific circumstances, such as a significant change in financial status.
  • How is child custody enforcement handled in Indiana?
    Violating custody agreements can result in legal ramifications, including fines or changes to the custody arrangement.