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Indiana     View Indiana Code
Disclaimer: What you read and see on this site is NOT legal advice. It is for educational purposes only. This information is commonly had in other resources, but we have assembled it here for you to see all in one place. So come back and view it as often as you like.


Indiana Residency Requirement
According to the Indiana Divorce Laws and Indiana Divorce Guidelines, to get divorced in Indiana, the spouse filing the case must have been a resident of the state for at least 6 months (including 3 months for the county) before filing

Place of Divorce (Venue)
The case may be filed in:
County where either spouse resides.

Simplified or Special Divorce Procedures
The court may enter a summary dissolution decree without holding a court hearing in all cases in which the following conditions have been met:
(1) 60 days have elapsed since the filing of a petition for dissolution;
(2) the petition was verified and signed by both spouses;
(3) the petition contained a written waiver of a final hearing;
(4) the petition contained either: (a) a statement that there are no contested issues or (b) that the spouses have made a written agreement in settlement of any contested issues. If there are some remaining contested issues, the court may hold a final hearing on those remaining contested issues. In addition, marital settlement agreements are specifically authorized in Indiana.

Indiana Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irretrievable breakdown of the marriage

Grounds for a Fault based divorce:
(1) Impotence at the time of marriage
(2) conviction of a felony
(3) 2 years of incurable mental illness

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in Indiana, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

• An Agreed Divorce , defined by Indiana divorce guidelines and Indiana divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Indiana property distribution, Indiana child support, or Indiana child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.


• A Default Divorce , according to the Indiana divorce guidelines and Indiana divorce laws, is a divorce where the other spouse doesn’t sign the Indiana Divorce forms or Indiana divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.

Process to file for Divorce in Indiana
There are only three basic procedural steps to a divorce:

• File Indiana Divorce Papers (Indiana Divorce Forms)
• Notify Spouse of your filing for divorce in Indiana
• Attend your Indiana divorce hearing

Indiana Child Custody
Simple Definitions: (source: Indiana divorce guidelines and Indiana divorce laws)

• Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
• Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
• Physical Custody pertains to the place where the children will live and which parent they live with.

Indiana Child Custody in a shared arrangement, in one form or another, is the preferred method of our Indiana divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Indiana Child Support
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Indiana Child Support Guidelines. The guideline amount is presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage.


Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a Indiana divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

• Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
• Alimony (Spousal Support) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in Indiana.

Missing Spouse
If you do not know where your spouse is and cannot locate him/her, after diligent effort, you may still get a divorce in Indiana. It may involve the extra expense of running a newspaper ad or something similar. We help you through the process.

Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she wishes. We include this name change in our service for FREE. Divorce in Indiana often includes a name change.

Court Filing Fees
The Court filing fees are not included in the price of our service. To file for divorce in Indiana, fees must usually be paid when you file the Indiana divorce forms and Indiana divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Regardless of whether you are going through a divorce service, using a Indiana divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in Indiana, you will almost always be the one to cover the court fees which is standard procedure.

• See the cost of our service for Indiana – Click Here

• Frequently Asked Questions Page (additional info) | Contact Us

Do You Qualify for an Uncontested Divorce?

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