Divorce in Indiana
Indiana is primarily a no-fault divorce state, though limited fault grounds are available. The state uses equitable distribution for property division with a presumption of an equal split. Indiana requires a 60-day waiting period after filing.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
60 days after filing
Filing Fee
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown
- •Felony conviction
- •Impotence
- •Incurable insanity
Key Facts
- ★Indiana begins with a presumption of equal (50/50) property division
- ★A mandatory 60-day waiting period applies after filing
- ★No-fault divorce is the most common ground used
- ★At least one spouse must have resided in Indiana for 6 months
- ★Indiana courts can deviate from equal division based on relevant factors
Child Custody
Indiana courts determine custody based on the best interests of the child. The state has adopted the Indiana Parenting Time Guidelines, which provide a framework for parenting time schedules. Joint legal custody is common.
Alimony / Spousal Support
Indiana courts may award spousal maintenance in limited circumstances, such as when a spouse is incapacitated, caring for an incapacitated child, or needs rehabilitative support. Maintenance is typically limited to 3 years for rehabilitative purposes.
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Common questions about divorce in Indiana
Indiana starts with a presumption of an equal (50/50) division of marital property. However, the court can deviate from this presumption based on factors such as each spouse's contributions, the economic circumstances of each party, and whether either spouse dissipated assets.
Alimony (called spousal maintenance in Indiana) is relatively uncommon and limited. It is typically awarded only when a spouse is physically or mentally incapacitated, caring for a disabled child, or needs temporary rehabilitative support, usually capped at 3 years.