How to File for Divorce in Indiana: A Step-by-Step Guide

Filing for divorce in Indiana can feel overwhelming, but understanding the process can make it easier. Whether you’re filing for an uncontested divorce or a contested divorce, this guide will walk you through each step to ensure you’re prepared.

Step 1: Determine if You Meet Indiana’s Residency Requirements

Before you file for divorce in Indiana, you must meet the state’s residency requirements:
✅ One spouse must have lived in Indiana for at least six months before filing.
✅ One spouse must have lived in the county where you plan to file for at least three months.

If you meet these requirements, you can file your divorce petition in the appropriate county court.

Step 2: Decide If Your Divorce Is Contested or Uncontested

Understanding the difference between a contested and uncontested divorce will help you plan accordingly:

• Uncontested Divorce – Both spouses agree on all terms, including property division, child custody, and support. This is faster and less expensive.

• Contested Divorce – Spouses disagree on one or more issues, requiring court hearings or mediation to resolve disputes. This process takes longer and may require legal representation.

Step 3: Fill Out and File the Divorce Petition

To start the divorce process, you must file a Petition for Dissolution of Marriage with the local court. You will need to:
📌 Complete the necessary forms, including:

• Petition for Dissolution of Marriage (to request a divorce)

• Summons (notifies the other spouse of the divorce filing)

• Financial Declaration (if spousal support or child support is requested)
  📌 File the petition with the court clerk in the county where you or your spouse resides.
  📌 Pay the filing fee, which varies by county (typically between $150-$200).

Step 4: Serve Your Spouse With Divorce Papers

After filing, you must legally notify your spouse by serving the divorce papers through:
✔ Certified mail
✔ Sheriff’s service
✔ Private process server

Step 5: Negotiate Key Issues (Property, Custody, Support)

During the divorce, you and your spouse must agree on:

• Division of assets and debts

• Spousal support (alimony)

• Child custody and parenting time

• Child support obligations

If you cannot agree, mediation or court intervention may be necessary.

Step 6: Attend the Waiting Period and Final Hearing

Indiana law requires a 60-day waiting period from the date of filing before a divorce can be finalized.

• If both parties agree, the judge may finalize the divorce without a hearing.

• If there are disputes, the court will schedule hearings to resolve the issues.

Step 7: Obtain the Final Divorce Decree

Once the judge approves the terms of the divorce, they will issue a Decree of Dissolution of Marriage. This document finalizes the divorce, making the terms legally binding.

Frequently Asked Questions About Divorce in Indiana

1. How long does a divorce take in Indiana?

• Uncontested divorces may be finalized in as little as 60 days after filing.

• Contested divorces can take several months to over a year, depending on disputes.

2. Do I need a lawyer to file for divorce in Indiana?

• If your divorce is uncontested, you may file without a lawyer.

• If your divorce is contested or involves children or assets, hiring a divorce attorney is recommended.

3. What if my spouse refuses to sign the divorce papers?

• You can still get a divorce. If your spouse doesn’t respond within 30 days, the court may grant a default judgment in your favor.

4. How is property divided in an Indiana divorce?

• Indiana follows equitable distribution laws, meaning assets are divided fairly but not necessarily equally.

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

• Filing fees typically range between $150-$200. Attorney fees vary based on complexity.

Need Help With Your Divorce? Contact Vining Legal

Divorce can be complicated, and having an experienced Indiana divorce attorney can make the process smoother. Vining Legal is here to help you navigate the legal process and protect your rights.

📞 Call us at (317) 759-3225 or schedule a consultation today to discuss your case.