How Do I File for Divorce in Indiana?

Residency Requirements for Divorce in Indiana

Before you can file for divorce in Indiana, at least one spouse must have been:

• either a resident of Indiana or stationed at a military base within Indiana for the six months immediately before filing the divorce petition, and
• either a resident of or stationed at a military base within the county where the petition is filed for three months immediately before filing.

(Ind. Code § 31-15-2-6 (2024).)

The Grounds for Divorce in Indiana

You can get either a "no-fault" or "fault-based" divorce in Indiana. In a no-fault divorce, you don't have to prove that your spouse's bad acts caused the end of the marriage. In a fault-based divorce, though, you'll have to demonstrate to the court that your spouse's actions caused the marriage to fail.

No-Fault Grounds for Divorce in Indiana

The no-fault ground (reason) for divorce in Indiana is the "irretrievable breakdown" of the marriage. As long as there is no reasonable possibility that the spouses will reconcile, the court will grant the divorce on this ground.

(Ind. Code § 31-15-2-3 (2024).)

Fault-Based Grounds for Divorce in Indiana

No-fault divorces are more popular than fault-based—mainly because fault-based divorces are often more contentious, more expensive, and last longer than no-fault divorces. However, fault-based divorces in Indiana are still an option. To file for a fault-based divorce, you'll claim that your spouse:

• was convicted of a felony after you got married
• was impotent from the time you married, or
• has suffered from "incurable insanity" for at least two years.

(Ind. Code § 31-15-2-3 (2024).)

Filing the Divorce Papers

If you've decided to file a fault-based divorce, your divorce will likely be contested—in other words, you and your spouse won't agree on the terms of your divorce, such as property division, child support, and spousal support. On the other hand, if you and your spouse agree on all the issues by the time you start the divorce process, you can file an uncontested divorce in Indiana (also called "divorce with agreement").

Although many no-fault divorces are uncontested, not all are. It's possible that you and your spouse agree that there has been an irretrievable breakdown of your marriage, but you disagree about how to allocate property or parenting time.

You can find and download the forms you'll need to file for divorce, as well as instructions and answers to common questions, at Indiana Legal Help's divorce page. There are separate forms packages for uncontested and contested divorce, with and without children.

If you have an agreed divorce and want to get a summary dissolution decree (which will allow you to bypass the need to attend a court hearing), you'll need to file the following documents in addition to the other forms:

• a written waiver of final hearing signed by both parties, and
• a written and signed settlement agreement or a statement that there are no contested issues in your divorce.

(Ind. Code § 31-15-2-13 (2024).)

Divorce Filing Fees in Indiana

You'll generally have to pay court fees when you file your divorce paperwork. As of 2024, the total filing fees for a civil case (such as divorce) is $157. Your cost might be different if you pay to have the divorce papers served on your spouse (more on that below) or if the court clerk assesses other fees. Contact the court clerk in the county where you will file your divorce to find out the current filing fees.

If you can't afford to pay the filing fees, you can ask the judge to waive the fees. You can request a waiver by filing a Verified Motion for Fee Waiver (make sure you're using the correct fee waiver form for family law cases). If the court grants your request, you won't have to pay any court costs—such as filing fees or fees for issuance of service of process—during your divorce.

Serving Your Spouse With Divorce Papers

Once you file the paperwork, you will need to "serve" your spouse with all the documents and submit proof of service to the court. If you and your spouse are cooperating, you may simply hand over the paperwork and have your spouse fill out and sign a "Verified Waiver of Service of Process and Acknowledgement of Receipt of Petition and Summons." You'll need to file the signed waiver with the court.

Otherwise, you'll have to have someone over age 18 who's not a party to your case to serve the documents. Most people hire law enforcement (such as the sheriff) or a professional process server to do this. The process server must deliver the documents by:

• sending a copy by registered or certified mail with a written acknowledgment of receipt
• personal delivery, or
• leaving a copy at your spouse's residence, along with another set of copies sent by first class mail.

If you're unable to serve your spouse this way, you can ask the court for permission to serve your spouse in another way, such as by publication or posting.

Indiana Legal Help provides a video with information about how to serve your spouse in Indiana.

How Long Will It Take to Get Your Final Divorce?

The amount of time it will take to get your divorce decree will depend largely on whether your case is contested or uncontested. With a regular agreed divorce, the court will schedule a final hearing no sooner than 60 days after you file a petition. At the hearing, a judge will review your paperwork and ask you some questions before signing your final decree. Even if you've filed the proper forms to waive the hearing, the court may not enter your final summary dissolution decree until 60 days after you filed your petition. (Ind. Code §§ 31-15-2-10, 31-15-2-13 (2024).)

It will take considerably longer than two months to get through all the steps in a contested divorce—up to a year and a half or more, depending on the circumstances.

Getting Help With Your Indiana Divorce

If you and your spouse have agreed about all the issues involved in ending your marriage, you may be able to DIY your divorce. In addition to the resources available from Indiana Legal Help, you can find more information on the Indiana Courts Self-Help Legal Center. Or, if you have an agreement but don't have the time and resources to track down and fill out all the forms, you could use an online divorce service that will provide you with the necessary completed forms based on your answers to a questionnaire.

If you're having trouble reaching an agreement but think you might be able to resolve your differences, you might consider divorce mediation. Divorce mediation is often much less expensive and less contentious than battling it out in court. You might even be able to mediate online, which means that you can participate from anywhere with an internet connection.

You can also choose to work with a lawyer, either on a consulting basis (for instance, to draft or review your settlement agreement) or to handle your entire case from start to finish. If you're filing for a contested divorce, it's particularly critical to have an experienced family law representing your interests and navigating the complicated legal process for you.