Indiana divorce guide
Divorce in Indiana
Everything you need to file in Indiana: who can file, how long it takes, what it costs, how property and support work, and the forms you will use.

Indiana at a glance
The fast facts
Residency
6 months in Indiana and 3 months in the filing county before filing
Waiting period
60 days from the date the Petition for Dissolution of Marriage is filed; cannot be shortened or waived
Filing fee
$157 to $177, fee waivers available
Property
Equitable distribution
Grounds
No-fault and fault
Legal separation
Available
Reviewed September 2026 from Indiana's court self-help pages and statutes. Fees and local rules change, so confirm with your county clerk before you file.
How to file for divorce in Indiana
- Check residency. 6 months in Indiana and 3 months in the filing county before filing.
- Prepare and file the Verified Petition for Dissolution of Marriage with the Circuit Court or Superior Court in your county. The filing fee is typically $157 to $177, and you can ask for a fee waiver if you cannot afford it.
- Serve your spouse, or have them sign an acceptance of service, and file proof of service.
- Exchange financial disclosures. Indiana has no mandatory statewide financial disclosure packet; some counties require their own local financial declaration form.
- Settle the issues in a written agreement, and a parenting plan if you have children.
- Wait out the waiting period. 60 days from the date the Petition for Dissolution of Marriage is filed; cannot be shortened or waived. Then ask the court for your final judgment.
Residency and grounds
Residency: 6 months in Indiana and 3 months in the filing county before filing.
Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.
Separation: None required before filing.
How property is divided
Indiana uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.
Custody and child support
Parenting terms: Indiana uses the terms parenting time (with separate legal custody and physical custody designations). Every decision is made in the child's best interests.
Parenting class: Required in some counties for parents with minor children, typically costing $25 to $75 per parent.
Child support: Indiana uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.
Spousal support
Indiana calls spousal support 'maintenance' and limits Rehabilitative Maintenance to a maximum of 3 years from the final decree, alongside separate incapacity and caregiver maintenance categories.
Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.
Faster and simpler options
Summary Dissolution Decree: Available in uncontested cases once both spouses sign a Verified Waiver of Final Hearing after the mandatory 60-day waiting period, allowing the decree to be entered without a court appearance.
Legal separation: available in Indiana, for couples who want support and parenting orders without ending the marriage.
How long it takes
The minimum is set by the waiting period: 60 days from the date the Petition for Dissolution of Marriage is filed; cannot be shortened or waived. A typical timeline is 2 to 4 months, with a legal minimum of 61 days from filing. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.
Worth knowing in Indiana
- Indiana's 'one pot' rule pulls nearly all property, including pre-marital assets, into the marital estate for division.
- A legal separation in Indiana can last no more than one year.
- Child support generally continues until age 21 or emancipation, later than in many states.
Official resources
Official forms and instructions come from Indiana's courts. Sources we reviewed:
Last reviewed September 2026. Laws and fees change; confirm with your court before you file.
Straight answers
Indiana divorce, plain answers
How long does a divorce take in Indiana?
The waiting period is 60 days from the date the Petition for Dissolution of Marriage is filed; cannot be shortened or waived. A typical timeline is 2 to 4 months, with a legal minimum of 61 days from filing.
How much does it cost to file for divorce in Indiana?
The court filing fee is typically $157 to $177. You can ask for a fee waiver if you cannot afford it. Service, classes and professional help are extra.
How long do I have to live in Indiana to file?
6 months in Indiana and 3 months in the filing county before filing.
Is Indiana a community property state?
No. Indiana uses equitable distribution, so marital property is divided fairly, which is not always equally.
Can I divorce in Indiana if my spouse will not agree?
Yes. Your spouse cannot stop the divorce. Once they are properly served, the case can go ahead, by default if they do not respond.
Does Indiana have legal separation?
Yes. Indiana offers legal separation.
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