Indiana Divorce Laws (2026): Grounds, Residency, and Process

Indiana's primary divorce ground is irretrievable breakdown of the marriage (IC 31-15-2-3), making it effectively a no-fault state. One spouse must have lived in Indiana for 6 months and in the filing county for 3 months, and a mandatory 60-day waiting period applies after filing before a final hearing.

Grounds for divorce in Indiana

Indiana law recognizes irretrievable breakdown of the marriage as the primary basis for divorce under IC 31-15-2-3. Unlike a true no-fault-only state, Indiana retains three limited fault grounds: a felony conviction entered after the marriage, impotency that existed at the time of the marriage, and incurable insanity that has lasted at least two years.

In practice, the vast majority of Indiana divorces proceed on irretrievable breakdown, which requires no showing of misconduct. The filing spouse states in the petition that the marriage is irretrievably broken, and the court accepts that allegation. The other spouse's agreement is not required.

The three fault grounds are rarely used. A felony conviction or long-term incurable insanity may be relevant where specific legal consequences hinge on the ground (such as property considerations or access to certain benefits), but they are not required and are not a factor in typical cases. Indiana does not permit a spouse to block the divorce by denying the breakdown.

Residency requirement

Before filing, at least one of the parties must have been a resident of Indiana, or stationed at a United States military installation within Indiana, for the six months immediately preceding the filing (IC 31-15-2-6(a)). Separately, at least one of the parties must have been a resident of, or stationed at a military installation within, the county where the petition is filed for the three months immediately preceding the filing (IC 31-15-2-6(b)). The statute frames each requirement as 'at least one (1) of the parties' and does not say that the same spouse has to satisfy both.

For example, a spouse who moved to Marion County, Indiana eight months ago and has lived in Marion County for the entire eight months satisfies both the statewide 6-month requirement and the 3-month county requirement. A spouse who moved to Indiana six months ago but changed counties two months ago would satisfy the statewide requirement but not yet the county requirement, unless the other spouse has been in that county for at least three months.

Indiana divorce cases are heard by the Circuit Court or Superior Court of the county where the filing spouse meets the residency requirements. Many Indiana counties have family courts or domestic relations divisions within those courts.

Waiting period and separation

Indiana imposes a mandatory 60-day waiting period from the date the petition is filed before the court may hold a final hearing and enter a dissolution decree (IC 31-15-2-10). The statute opens with 'except as provided in sections 13 and 14 of this chapter,' but neither of those sections shortens the 60 days. IC 31-15-2-13 lets a court enter a summary dissolution decree without holding a final hearing, and by its own terms that can happen only 'at least sixty (60) days after a petition is filed.' IC 31-15-2-14 lets a court bifurcate the case to dispose of uncontested issues summarily, and it requires the court to include a date for a final hearing on the issues that remain contested. What those sections change is whether a final hearing is needed, not the 60-day floor.

The 60-day clock is distinct from any separation requirement. Indiana does not require spouses to live apart before filing or before the divorce is granted. A couple can be living together in the same home and still file for divorce; the 60-day period runs from the date of filing regardless of living arrangements.

In practice, uncontested Indiana divorces often take longer than 60 days because the parties need time to exchange financial disclosures, draft a settlement agreement, and schedule a hearing date. The 60-day rule sets the earliest possible date, not the expected timeline.

How property is divided

Indiana is an equitable distribution state. Under IC 31-15-7-4(a), the court divides property owned by either spouse before the marriage, property acquired by either spouse in his or her own right after the marriage and before final separation of the parties, and property acquired by their joint efforts. For purposes of that chapter, IC 31-9-2.1-99 defines final separation as the date the dissolution petition was filed, or, if a legal separation case was pending or a legal separation order was in effect when the dissolution petition was filed, the date the legal separation petition was filed. The filing date, not the final hearing, is therefore the cutoff for what comes into the marital estate. Indiana takes a broad view of that estate: assets owned before the marriage are presumed to be part of it unless excluded by a valid prenuptial agreement or another exception.

Indiana law creates a rebuttable presumption that an equal (50/50) division of the marital estate is just and reasonable. Either spouse can present evidence to overcome this presumption and argue for a different split. Factors the court may consider include the economic circumstances of each spouse at the time of disposition, whether one spouse dissipated marital assets, contributions made by one spouse as a homemaker, and whether property was acquired by inheritance or gift. Rebutting the presumption takes evidence, so get a free case evaluation from an Indiana family lawyer on building the case for a different split (attorney advertising).

Separate property, strictly speaking, is not a carve-out category in Indiana the way it is in many other states. The starting point is that everything is marital, but the presumption can be rebutted. This is an important distinction from states where premarital property is automatically excluded.

Alimony, custody, and child support

Indiana uses the term "maintenance" rather than alimony, and IC 31-15-7-2 sets out three findings a court may make. First, if a spouse is physically or mentally incapacitated to the extent that the ability of that spouse to support himself or herself is materially affected, the court may find maintenance necessary during the period of incapacity. Second, if a spouse both lacks sufficient property, including marital property apportioned to that spouse, to provide for the spouse's needs and is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment, the court may order maintenance in the amount and for the period it considers appropriate. Third, the court may find rehabilitative maintenance necessary after considering each spouse's education level at the time of the marriage and when the action was commenced, whether homemaking or child care interrupted the education, training, or employment of the spouse seeking maintenance, each spouse's earning capacity, and the time and expense needed to acquire education or training for appropriate employment; that award cannot exceed three years from the date of the final decree. Rehabilitative maintenance is a court finding on those factors, not something that requires the spouses to agree. See Indiana alimony laws for more on how courts calculate maintenance.

Child custody in Indiana is addressed as part of the dissolution proceeding. Courts use a best interests of the child standard, weighing the child's age, each parent's work schedule, the child's adjustment to home and school, and the parent-child relationship. For a full overview, see Indiana child custody laws.

Child support follows the Indiana Child Support Guidelines, which use an income shares model that combines both parents' gross incomes to compute the base support obligation. Courts can deviate from the guidelines for good cause. More detail is available on the Indiana child support laws page. Estimate your payment with our Indiana child support calculator.

How to file for divorce in Indiana

The first step is confirming that the residency requirements are met: at least one spouse with 6 months in Indiana and at least one spouse with 3 months in the county where you plan to file. You then file a Petition for Dissolution of Marriage with the Circuit or Superior Court in that county and pay the filing fee, which varies by county.

After filing, you must have the petition legally served on your spouse. Indiana allows personal service by a process server or sheriff, or your spouse can voluntarily accept service by signing a waiver. The 60-day waiting period begins on the date the petition is filed, not the date of service.

Both spouses must complete and exchange financial disclosure statements. Indiana courts use these documents to evaluate property division and maintenance requests. If children are involved, the parents also exchange information relevant to the child support calculation.

If the divorce is uncontested, the spouses prepare a Settlement Agreement covering property, maintenance, and a Parenting Plan (if applicable). Once both parties sign the agreement, they attend a final hearing at which the judge reviews and accepts the settlement and enters the Decree of Dissolution of Marriage. The decree is effective immediately; Indiana does not impose a waiting period after the decree before the parties can remarry.

If the case is contested, it proceeds through motions, discovery, and potentially a trial. Indiana courts encourage mediation for disputed divorces, particularly those involving children.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Indiana.

For more on divorce across all states, see the Divorce Laws by State hub. Related Indiana family law topics: Indiana alimony laws, Indiana child custody laws, and Indiana child support laws.

More Indiana Laws

• Indiana Alimony Laws
• Indiana Child Custody Laws
• Indiana Child Support Laws
• Indiana Common Law Marriage Laws
• Indiana Restraining Order Laws
• Indiana Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in Indiana?

The earliest an Indiana divorce can be finalized is 60 days after filing, because of the mandatory waiting period. Simple uncontested divorces are often completed within 60 to 90 days once all paperwork is filed and a hearing is scheduled. Contested divorces can take 6 months to more than a year depending on the issues in dispute.

How much does a divorce cost in Indiana?

Filing fees in Indiana vary by county and typically range from about $130 to $200 for the initial petition. Attorney fees depend on the complexity of the case; an uncontested divorce handled cooperatively may cost a few thousand dollars in legal fees, while a contested trial involving property disputes or custody can cost significantly more.

Do I need a reason to divorce in Indiana?

No specific misconduct is required. Irretrievable breakdown of the marriage is sufficient, and no evidence of fault needs to be presented. Either spouse may allege irretrievable breakdown in the petition and the court will accept it.

Is Indiana a community property state?

No. Indiana is an equitable distribution state. The court divides the marital estate fairly based on the circumstances, starting from a rebuttable presumption of an equal 50/50 split. Either spouse can present evidence to argue for a different division.

How long do I have to be separated to divorce in Indiana?

Indiana does not require any separation period before filing or before the divorce is granted. You and your spouse can be living together when you file. The only mandatory wait is the 60-day period from filing to the earliest possible final hearing.

Can I get divorced in Indiana without my spouse agreeing?

Yes. Indiana allows a unilateral divorce on the ground of irretrievable breakdown. Your spouse cannot block the divorce by refusing to agree. If your spouse does not respond to the petition, the court may proceed to a default judgment. If your spouse contests the divorce, the case goes to a hearing or trial.

Do I have to live in Indiana to file for divorce there?

At least one of the parties must have been an Indiana resident, or stationed at a U.S. military installation in Indiana, for the 6 months before filing, and at least one of the parties must have been a resident of, or stationed at a military installation in, the filing county for the 3 months before filing. If neither spouse meets those periods yet, the petition has to wait until one of them does.