By Neta, founder of SortMyDivorce · Published · Updated
6 months in Indiana and 3 months in the county where you file, then 60 days from the petition. Indiana does grant legal separation.
Divorce in Indiana runs on state law with a few features that surprise people used to hearing about 'marital property' elsewhere — most notably, Indiana puts everything you own into one pot before dividing it.
| Residency requirement | At least one spouse must have lived in Indiana for 6 months, and in the county where you file for at least 3 months (90 days), before filing. |
|---|---|
| Grounds | No-fault: irretrievable breakdown of the marriage (used in most cases). Fault-based grounds are also available: felony conviction of either spouse after the marriage, impotence existing at the time of marriage, or incurable insanity of either spouse for at least 2 years. |
| Waiting period | A minimum of 60 days must pass from the date the Petition for Dissolution of Marriage is filed before the court can grant the final decree. |
| Legal separation | Indiana does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Indiana does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | File the Petition for Dissolution of Marriage with the Circuit or Superior Court Clerk in the county where you or your spouse meets the residency requirement. |
| Filing fee | Payable when you file your opening divorce document. Set locally by the county, not as one statewide rate. A fee waiver is available if you cannot afford it. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Petition for Dissolution of Marriage, plus a Summons and an Appearance form. Cases with minor children also require a Child Support Obligation Worksheet; agreed cases include a Settlement Agreement. |
| Simplified option | Yes. If both spouses agree on all issues (property, debt, custody, support), Indiana law allows a waiver of the final hearing so the case can be finalized without a court appearance once the 60-day period has passed. |
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Indiana is a 'one-pot' state. Under Indiana Code Title 31, the marital pot generally includes all property either spouse owns at the time of filing — not just what was acquired during the marriage. That means property you brought into the marriage, inheritances, and gifts received by only one spouse are still part of the pot to be divided, unlike in states that carve those out automatically. Indiana courts start from a presumption that an equal (50/50) division is just and reasonable, but that presumption can be rebutted by factors such as each spouse's pre-marriage contribution, earning ability, and how the property was acquired — so a letter proposing an unequal split isn't unusual, and it isn't automatically wrong either. Confirm how any specific division is justified with a local family law attorney.
Indiana also has a mandatory 60-day waiting period: courts generally cannot finalize a divorce until at least 60 days after the petition is filed, even if both spouses agree on everything. Filing happens in the Circuit or Superior Court of the county where at least one spouse meets the state's residency requirements — commonly described as roughly six months in the state and a shorter period in the county, though you should confirm current residency rules with the filing court. Divorce in Indiana is a no-fault process; petitions are typically filed on the ground that the marriage is 'irretrievably broken.'
Because everything you and your spouse own is part of the marital pot, thorough documentation matters even more in Indiana than in states with separate-property carve-outs. Start gathering: recent tax returns, pay records, and statements for every bank, investment, retirement, and pension account; mortgage and property tax records for any real estate; and business financials if either spouse is self-employed or owns a company. If you brought significant assets into the marriage or received an inheritance or gift, collect records showing what it was worth at the time and how it has been used or commingled since — that history is often exactly what a court weighs when deciding whether to move away from an equal split.
Many Indiana counties require each spouse to file a financial declaration or disclosure form with the court, so getting your figures organized early saves time later. Keep copies of every letter exchanged with the other side's lawyer from the start — proposals, deadlines, and what was actually agreed tend to become the reference point once negotiations get serious.
Child support in Indiana generally follows the Indiana Child Support Guidelines, an income-shares model that weighs both parents' incomes, parenting time, and certain expenses like healthcare and work-related child care. Parenting time is generally guided by the Indiana Parenting Time Guidelines, which set out a default schedule that courts and parents often use as a starting point before adjusting for a family's specific circumstances. As with property, specific figures depend on your case and current guideline worksheets — a local family law attorney or the court's self-help resources can walk through the calculation.
Legal separation is available in Indiana. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Indiana does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Inventory everything you and your spouse own, including anything from before the marriage or received as a gift or inheritance — in Indiana it likely belongs in the discussion even if you assume it's 'yours.' 2) Gather the financial documents above before positions harden, since the one-pot approach means more is potentially on the table than you might expect. 3) Note your and your spouse's county of residence and how long each of you has lived there, since it determines where the case can be filed. 4) Plan around the 60-day minimum — it won't speed up even by agreement, so use that window productively rather than assuming a fast resolution. 5) Track every deadline and proposal that arrives by letter; in a one-pot state, an early offer about how to divide premarital or inherited property is a real position worth reviewing carefully, not a formality.
At least one spouse must have lived in Indiana for 6 months and in the filing county for 3 months. Physical residence is required, not just intent to return.
Most people file on the no-fault ground of 'irretrievable breakdown of the marriage.' Fault grounds (felony conviction, impotence at marriage, or 2+ years of incurable insanity) are rarely used and can complicate the case.
File this form, along with a Summons, with the Clerk of the Circuit or Superior Court in the correct county. Indiana Legal Help and county clerk offices publish free packets tailored to cases with or without minor children.
The fee is set by your county (the amount varies by county) and is the only mandatory court fee for a divorce case. If you can't afford it, file a Verified Motion for Fee Waiver with the court.
Your spouse must be formally notified, typically by sheriff service or certified mail, unless they voluntarily sign an Appearance form acknowledging the case.
Indiana law requires at least 60 days between filing the petition and the court granting a final decree, even in fully agreed cases.
If you and your spouse agree, put the terms in a written Settlement Agreement covering property/debt division, spousal maintenance, and — if you have children — custody, parenting time, and child support (using the Child Support Obligation Worksheet).
If you agree on everything, you may be able to submit a waiver of final hearing so the judge can sign the Decree of Dissolution of Marriage without either spouse appearing in court. Contested cases proceed to a final hearing before the judge decides.
Once signed by the judge, this decree legally ends the marriage and sets out the final terms. Keep certified copies for name changes, benefits, and financial accounts.
Not automatically. Indiana uses a one-pot approach, so property owned before the marriage is generally included in what the court can divide, though how it was acquired is one factor courts may weigh when deciding whether an equal split is appropriate. Confirm specifics with a local family law attorney.
Indiana law generally requires at least 60 days between filing the petition and finalizing the divorce, even in fully agreed cases. Contested cases involving property or parenting disputes typically take longer.
Divorce petitions are generally filed in the Circuit or Superior Court of the county where a spouse meets the state's residency requirements. Court structure varies by county, so check with your local clerk's office for filing details.
A legal separation in Indiana settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
No. Indiana does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. For support with domestic violence, contact the Indiana Coalition Against Domestic Violence 24-hour line at 1-800-332-7385. Nationally you can also reach the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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