Uncontested Divorce in Indiana

Indiana couples who agree on key issues can bypass court drama and save time and money with an uncontested divorce.

You can get an uncontested divorce in Indiana if you meet the following requirements:

  • you or your spouse has lived in Indiana for at least six months, and in the county where you file for at least three months
  • you both agree that your marriage is irretrievably broken, and
  • you also agree on every issue in your case, including property, debts, alimony (called maintenance in Indiana), and issues affecting your children.

An uncontested divorce in Indiana costs a minimum of $157 in court filing fees, and a judge can't finalize it until at least 60 days after you file. In many cases, a judge can approve your agreement without a hearing, so you can avoid a drawn-out court battle.

Read on to find out more about the process, including the paperwork you'll need, important rules for delivering (or “serving”) documents, and what to expect at each stage.

What Is Uncontested Divorce?

Uncontested divorce is sometimes known as “divorce with agreement on all issues.” (Indiana calls divorce a “dissolution of marriage.”) The name explains it all. To get an uncontested divorce in Indiana, you'll need to agree with your spouse on how you'll deal with:

If the two of you can't agree on these issues, you can't get an uncontested divorce. Instead, a judge will decide any contested issues in your case at trial. (Ind. Code §§ 31-15-2-13, 31-15-2-14 (2026).)

Going to trial almost always makes divorce more expensive, time-consuming, and stressful. But even if you and your spouse eventually reach a comprehensive divorce settlement agreement without a trial, the longer it takes you to do that, the more you're likely to spend on fees for attorneys and experts. (Learn more about how contested issues affect the cost of divorce.)

In contrast, you can save the most time and money by agreeing on the issues before you file for divorce. In that case, you can likely get a do-it-yourself (DIY) divorce, either all on your own or with the help of an online divorce service.

How Long Does an Uncontested Divorce in Indiana Take?

If you’re considering an uncontested divorce, it’s important to understand the timeline and requirements involved. Here's an overview of Indiana’s residency rules and the concept of a “bifurcated divorce,” which can help if you and your spouse agree on most issues but not all.

Indiana Residency Requirements for Divorce

An uncontested divorce can be quick if you meet Indiana's residency requirements. You or your spouse must have lived in the state (or been stationed at a U.S. military installation there) for the six months immediately before you file for dissolution of marriage. You or your spouse must also have lived in the county where you file (or been stationed at a military installation in that county) for the three months immediately before you file. (Ind. Code § 31-15-2-6 (2026).)

After you file your paperwork, you’ll need to wait at least 60 days for a judge to finalize your divorce. (Ind. Code §§ 31-15-2-10, 31-15-2-13 (2026).)

What Is a Bifurcated Divorce?

If you agree on some issues but not others, you and your spouse can ask the court to review your partial settlement agreement and set a hearing to resolve the remaining issues. (Ind. Code § 31-15-2-14 (2026).)

If the judge approves a bifurcated process, you’ll still have to go to court, but you’ll save time and money by avoiding a trial on every issue. To learn more, talk to a family law attorney or ask the court clerk's office how your county handles partial agreements. (See the end of this article for information on finding legal help.)

How to File for an Uncontested Divorce in Indiana

Filing for an uncontested divorce in Indiana involves two steps: preparing your forms and filing your papers with the court.

Preparing Your Divorce Forms

To start, you’ll need to gather and complete your paperwork. Indiana Legal Help publishes free online divorce forms to help you get started, including separate packages of forms for couples with or without children, and whether or not you and your spouse agree. You can also review the Indiana Judiciary's Self-Service Legal Center for more information about the divorce process. Another option is to use an online divorce service, which completes the proper forms for you after you answer a series of questions. Many of these services guarantee that your state's courts will accept the forms.

Indiana doesn't offer a joint divorce petition for an uncontested divorce. That means that one of you (the "petitioner") will file the initial forms.

On the main form, the Petition for Dissolution of Marriage, you'll provide basic information about you and your spouse, as well as any children of your marriage who are younger than 21 or are incapacitated. For an uncontested divorce, the form includes a statement that your marriage has suffered an irretrievable breakdown, which is Indiana's no-fault ground for divorce. (Ind. Code §§ 31-15-2-3, 31-15-2-5 (2026).)

Filing Your Papers With the Court

After filling out the forms, you'll file the paperwork with the court in the county where either you or your spouse has lived for the previous three months. (Ind. Code § 31-15-2-6 (2026).) You'll have to pay a filing fee, which varies slightly by county (see below). If you can't afford the fee, you can ask the court to waive it. Indiana Legal Help offers a fee waiver packet for family cases.

You can find contact information, including e-filing information, in this county directory of Indiana courts.

Serving Divorce Paperwork on Your Spouse

The court clerk will stamp your forms and give you a case number. Keep track of that number because you'll include it on any documents filed later in your case. If you are the petitioner, you must properly serve the divorce paperwork on your spouse (the “respondent”), unless the respondent files a service waiver form with the court. Your service options include certified mail sent by the clerk, or delivery by the sheriff or a private process server. (Ind. Code § 31-15-2-8 (2026); Ind. Trial Rule 4; Ind. Trial Rule 4.12.)

In Indiana, the respondent isn't required to respond to the divorce petition. So if you've already agreed on the issues, your spouse doesn't need to file a response. (Ind. Code § 31-15-2-9 (2026).)

Getting Your Final Divorce Decree

In an uncontested divorce, you can often avoid going to court. Instead of a hearing, you'll file a final set of forms and wait for the judge to sign your decree.

Do You Have to Attend a Hearing?

Indiana courts normally hold a final hearing before granting a divorce, but you and your spouse can skip it if you agree on everything. To do that, you'll both sign a Waiver of Final Hearing. The judge can then approve your settlement agreement and end your marriage without either of you going to court. The judge isn't required to skip the hearing, however, so ask the clerk's office if your court might schedule one. (Ind. Code §§ 31-15-2-10, 31-15-2-13 (2026).)

Getting the Final Decree

After the 60-day waiting period has passed, you can file the waiver and the rest of your final paperwork. If you didn't include your settlement agreement with the petition, include it with the final package of forms. Both spouses must sign the waiver, and you must both sign the settlement agreement in front of a notary public.

After reviewing and approving your agreement, the judge can sign a Summary Dissolution Decree. At that point, your divorce will be final. (Ind. Code §§ 31-15-2-13, 31-15-2-16 (2026).)

How Much Does an Uncontested Divorce Cost in Indiana?

As a rule, an uncontested divorce is a lot cheaper than a traditional, contested divorce. That's because many couples can complete the uncontested divorce process without hiring lawyers, which can lead to big savings on the normal cost of divorce.

The basic cost of an uncontested divorce in Indiana is the court's filing fee, which starts at $157. Some counties charge $20 more to fund court-mediation programs. Because Indiana doesn't allow a joint petition, the filing spouse pays the fee. Additionally, if you have the sheriff serve your spouse, you'll pay an additional $28, and other service methods have their own fees. (You can avoid service fees if your spouse signs a waiver of service.) Ask your county clerk's office for the current fee schedule.

If you can't afford the court fees, you can ask the court to waive them by filing a sworn statement that you can't pay. (Ind. Code § 33-37-3-2 (2026).)

Beyond these court costs, your costs will depend on whether you get a pure DIY divorce or need some help with the process:

  • Online divorce services typically cost about $150 to $750 for basic form preparation, with extra charges for services like filing and tracking your paperwork.
  • If you need help reaching a settlement agreement, the cost of divorce mediation can vary widely, depending on the number and complexity of the issues. Typical costs range from about $3,000 to $8,000, with each spouse paying half. Some Indiana counties offer low-cost or no-cost mediation through the court for families who can't afford a private mediator.
  • If you're splitting retirement accounts related to your employment (like a 401(k) or pension), you'll probably need to pay an expert to prepare the special court order known as a Qualified Domestic Relations Order (QDRO).

And, of course, if you hire lawyers, your costs will go up. But you can probably minimize lawyers' fees by getting help only when it's truly necessary.

Do You Need a Lawyer for an Uncontested Divorce?

You probably don't need a lawyer to get an uncontested divorce in Indiana. You can handle all the paperwork and filing yourself, or you can use an online divorce service to ease the process. That said, consider speaking with a qualified family law attorney if you have complex assets to divide (like retirement accounts or a family business), if you have questions about aspects of your divorce, or if you want an independent legal review of your settlement agreement to make sure that you haven't missed anything or given up any of your legal rights. Keep in mind that the court clerk can help you with basic information and procedural questions, but they can’t give legal advice.

You can find the Indiana Code on the Indiana General Assembly's website. Title 31 covers family law, and Article 15 covers dissolution of marriage, including the divorce process (Chapter 2), property division and maintenance (Chapter 7), and child support (Chapter 8). The Indiana Rules of Court, including the Trial Rules on serving papers, are on the Indiana Rules of Court website.

The Indiana courts point self-represented people to Indiana Legal Help, which provides packets of the basic forms you'll need, along with instructions and videos that walk you through the process. The forms will be different depending on whether you and your spouse have minor children. Some counties have local rules requiring additional information, so check the website of the clerk's office in the county where you'll file, or call the office for more information.

The following organizations offer free or low-cost legal help to those who qualify:

Even in an uncontested case, a settlement agreement locks in decisions about property, retirement accounts, and your children that are hard to undo later, so it's worth having a lawyer review it before you file.