If you live in Indiana and want to file for divorce, you will have to go through a few steps. Getting a divorce is never a pleasant experience, but there are ways to make it more tolerable. The steps listed in this article will help you get your divorce as quickly and cleanly as possible.

  1. Consider the Residential Requirements

The laws of Indiana dictate that you must be an official resident of the state for at least six months before you can file for divorce. You must also be a resident of the county you are in for a minimum of three months. If you and your spouse currently live in different counties, you can apply for divorce in either one as long as you meet these requirements.

  1. Get the Required Forms

Assuming that you and your spouse have agreed to get divorced, you will need to get the necessary paperwork to fill out. The document you need is called Petition for Dissolution of Marriage. You may need other documents, depending on your particular situation. This paperwork will lay out how all of your assets are going to be distributed. You will have to make sure that your spouse is served with these forms. You are not legally allowed to give them these forms. You have the option of hiring someone to do this for you, which might be a good idea if they are contesting the divorce.

  1. File the Documents

Next you will have to go back down to the courthouse and file all of the documents you have filled out. Both you and your spouse need to file this paperwork for the divorce to move forward. You also have to pay a filing fee, which ranges from $132 to $152, depending on the county you are in.

  1. Show Up to Your Court Hearing

Once your divorce paperwork has been filed and processed, you will have to show up at the courthouse for a hearing in front of a judge. The judge will likely ask some questions before finalizing your marriage with the official decree.


If your spouse contests the divorce, things won’t be quite as simple. You might have to go to court numerous times until all of the terms are hammered out. You can still get a divorce even if your spouse doesn’t want one, but it might take longer.

How much does it cost to file for divorce in Indiana?

While many factors can change the overall cost, it is typical for each spouse to spend $10,000 or more to complete their divorce.

Divorce Filing Fees and Typical Attorney Fees by State.

State Average Filing Fees Other Divorce Costs and Attorney Fees
Indiana $157 Average fees: $9,000
Jul 21, 2020

How long do you have to be separated before you can file for divorce in the state of Indiana?

How and where is a divorce complaint filed in Indiana? A divorce complaint (or Petition for Dissolution) is filed in the county of your residence (for at least three months) in the state in which you have lived for at least six months.

Does Indiana require separation before divorce?

The filing of the Petition for Dissolution of marriage starts the divorce process in Indiana. And, unless the parties have filed a legal petition for separation before filing for divorce, the filing of the Petition for Dissolution of Marriage also acts as the legal date of separation of the parties.

Is Indiana a 50 50 State for divorce?

Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Factors such as one spouse’s economic misconduct may also be considered.

How much is a wife entitled to in a divorce in Indiana?

How will the Court divide the property and debts of the marriage? Generally, the Court will divide the property and debts of the marriage on a 50-50% basis. The Court can give more than 50% to one spouse if the Court has good reason to do this.

How is debt divided in divorce in Indiana?

When dividing assets and debts during a divorce, Indiana state law applies the principle of equitable distribution. Equitable distribution does not mean equal distribution. It means that the court will rule in favor of an arrangement that is fair in providing each spouse with a share of the marital estate.

Who gets the house in a divorce Indiana?

The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.

Is cheating illegal in Indiana?

The answer is no – and yes. The laws vary from state to state. In some states, the issue of adultery is going to matter big time. But in Indiana, divorces are considered “no fault.” What that basically means is that neither party has to show that the other did anything wrong in order to acquire a divorce.

Can you go to jail for infidelity in Indiana?

Jay Meisenhelder. Adultery is not a criminal offense in Indiana, so the police can‘t arrest someone for cheating on his spouse.

Is infidelity a reason for divorce in Indiana?

Even though adultery is traditionally considered a form of marital misconduct, it is not recognized as a ground for divorce in Indiana. Therefore, judges in Indiana will not consider evidence or testimony about adultery when they are deciding whether to grant a divorce.

Can you date while separated in Indiana?

In Indiana, unlike some state, the mandatory waiting period from the date of the filing of the divorce petition until the divorce can be final is sixty (60) days. That doesn’t mean that all divorces can be finalized in 60 days, but it does mean that, for most people, you only have to wait a few months to start dating.

Why moving out is the biggest mistake in a divorce?

In determining custody, courts in the United States use a variation of the “best interests of the child” analysis. In general, children remain in the marital home during the divorce process. So by deciding to leave, (moving out affect divorce) you are choosing to limit contact and time spent with your children.

Is sleeping with someone while separated infidelity?

If you live separately from your husband or wife during the separation period – but sleeping with another person – it is considered adultery because you are still LEGALLY MARRIED. If you have already moved on with your partner before getting divorced – it is adultery.

Who is the best child custody lawyer in Indiana?

Top Rated Custody & Visitation Lawyers in Indianapolis, IN
  • Judy Hester. Top Rated Custody & Visitation Lawyer Indianapolis, IN.
  • Bruce M. Pennamped.
  • Paula Schaefer. Top Rated Custody & Visitation Lawyer Ruppert & Schaefer, P.C. Indianapolis, IN.
  • Lanae Harden.
  • Rebecca Eimerman.

How is child custody determined in Indiana?

In Indiana, who receives custody of the children is based on the best interests of the child. What is in the best interests of the child is determined by the court based on an analysis of a series of factors set forth by statute.

How much does a custody lawyer cost in Indiana?

Custody Lawyer Average Costs

For a straightforward custody case where the parents are in general agreement over custody issues, you might pay somewhere around $2,500 to $5,000 in custody attorney fees. But in a drawn out custody battle that goes to trial, custody lawyer costs could balloon to $5,000 to $40,000 or more.

Who is the best divorce attorney in Indianapolis?

Top Rated Divorce Lawyers in Indianapolis, IN
  • Deborah Farmer Smith. Top Rated Divorce Lawyer Cohen Garelick & Glazier Indianapolis, IN.
  • Mark A. Glazier.
  • Paula Schaefer. Top Rated Divorce Lawyer Ruppert & Schaefer, P.C. Indianapolis, IN.
  • Rebecca Eimerman.
  • Richard Mann.