Indiana Divorce Guide
Everything you need to know about filing for divorce in Indiana — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Indiana Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 60 days — Under IC 31-15-2-8, no dissolution of marriage may be heard or tried until at least 60 days have elapsed from the date of filing the petition. This mandatory waiting period cannot be waived. If the respondent was served by publication, the 60-day period runs from the date of first publication. |
| Filing Fee | $157(fee waiver available) |
| No-Fault Grounds | Irretrievable Breakdown |
| Fault Grounds | Felony Conviction, Impotence, Incurable Insanity |
| Property Division | Equitable Distribution |
| E-Filing | Available — Indiana requires e-filing for all attorneys through the Odyssey File & Serve system. Self-represented litigants are not required to e-file but may do so voluntarily. E-filing is available through multiple certified service providers at https://www.in.gov/courts/efiling/. Documents must be in PDF format, preferably digitally created with OCR applied. |
| Response Window | 30 days — The respondent has 30 days from the date of service to file an appearance and response. However, unlike many states, Indiana does not require the respondent to file a formal answer. Failing to respond does not automatically admit the allegations in the petition. The court cannot finalize the divorce until the 60-day waiting period has expired regardless of whether a response is filed. |
Grounds for Divorce in Indiana
The marriage has suffered an irretrievable breakdown.
No-Fault Grounds
- Irretrievable Breakdown — The marriage has suffered an irretrievable breakdown. Under IC 31-15-2-3(1), the court may grant dissolution upon a finding that there has been an irretrievable breakdown of the marriage. This is the most commonly cited ground in Indiana.
Fault-Based Grounds
- Felony Conviction — Under IC 31-15-2-3(2), dissolution may be granted if either party has been convicted of a felony subsequent to the marriage.
- Impotence — Under IC 31-15-2-3(3), dissolution may be granted if either party was impotent at the time of the marriage.
- Incurable Insanity — Under IC 31-15-2-3(4), dissolution may be granted if either party has been incurably insane for a period of at least two years, supported by competent medical testimony.
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How to File for Divorce in Indiana
Meet Residency Requirements
You must have lived in Indiana for at least 6 months before filing. Under IC 31-15-2-6, either spouse must have been a resident of Indiana for at least 6 months (180 days) and a resident of the county where the petition is filed for at least 3 months (90 days) immediately preceding the filing. Active-duty military members stationed in Indiana for 6+ months satisfy the state residency requirement. Temporary absences for work or travel do not interrupt continuous residency if the filer maintains an Indiana domicile.
Complete Your Forms
Indiana requires 5 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $157 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: sheriff, certified mail, personal, waiver of service, publication. The petitioner cannot personally serve the papers. Indiana Trial Rules 4 through 4.17 govern service of process. If service by certified mail is returned unclaimed, the petitioner must arrange for personal service or service by publication.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in Indiana
Presumption of Equal Property Division
Under IC 31-15-7-5, Indiana courts presume that an equal (50/50) division of marital property is just and reasonable. A party may rebut this presumption with evidence of specific statutory factors.
All Property Subject to Division
Indiana is an 'all-property' state. Under IC 31-15-7-4, all assets owned by either spouse, whether acquired before or during the marriage, are part of the marital pot subject to division.
Mandatory Parenting Education
Most Indiana counties require parents of minor children to complete a court-approved parenting education course within 30-60 days of filing. Failure to complete the course may delay the divorce proceedings.
Cooling-Off Period
The 60-day mandatory waiting period serves as a cooling-off period during which reconciliation is encouraged.
Provisional Orders Available
Under IC 31-15-4, the court may issue provisional (temporary) orders regarding property, custody, support, and bills during the pendency of the case.
Mandatory Requirements
Parenting Course Required
Most Indiana counties require both parents to complete a court-approved parenting education program within 30-60 days of filing a dissolution involving minor children. Specific requirements vary by county. Programs typically last 4 hours and cost $25-$75 per parent.
Financial Disclosure
Both parties must exchange financial disclosures within 60 days of filing.
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