Indiana Divorce: What You Need to Know

In Indiana, a divorce is legally termed a dissolution of marriage, which refers to the formal termination of a marital union. In Indiana, divorce litigations are handled by either the Circuit Court or Superior Court in the county where either spouse resides. Here is an overview of how divorce works in Indiana, including residency requirements, mandatory waiting periods, divorce types, the court process, county-level filing procedures, and record access.

How Does Divorce Work in Indiana?

Under the Indiana law, either spouse must have lived in the state for no less than six months prior to filing for divorce. An additional requirement is that either of the parties is required to be a resident in the relevant county for a minimum of three months.

Indiana follows a no-fault divorce system in which the primary ground for a divorce is when both parties have “irreconcilable differences.” However, a fault-based divorce is tied to reasons such as felony conviction, impotence, and incurable insanity. The latter is deemed to have lasted at least two years and is cited as a reason for ending a marriage, although they are less common.

Once a divorce petition is filed in Indiana, a mandatory 60-day waiting period begins. This applies regardless of whether both spouses agree on all terms. Uncontested divorces may be finalized shortly after the statutory 60-day period, while contested cases may extend for months due to hearings, mediation, and trials.

Types of Divorce in Indiana

There are several ways for initiating and resolving divorce proceedings under Indiana law:

• Uncontested divorce: Here, both spouses have reached an agreement on key issues such as property division, custody, and spousal support. This is the fastest and least expensive process.
• Contested divorce: Spouses may disagree on one or more issues, consequently requiring hearings or trials. These result in extended timelines and an increase in court fees.
• No-fault divorce: The basis for a no-fault divorce is on the grounds of an irretrievable breakdown of the marriage.
• Fault-based divorce: This is less common but may be filed on grounds such as felony conviction or prolonged insanity.
• Collaborative divorce: Couples may hire private attorneys and work together outside court to negotiate the terms of the divorce. Mediation is usually used as a tool, and divorce may be resolved via mediation.
• Legal separation: Indiana allows legal separation, which does not dissolve the marriage but sets terms for custody, support, and property division while spouses live apart.

Indiana Divorce Court Process and Forms

Divorces in Indiana are filed in the Circuit or Superior Court of the county where either spouse resides. The process begins when one spouse files a Verified Petition for Dissolution of Marriage.

Other documents required to complete a divorce petition in Indiana include:

• Summons
• Financial Declaration Forms
• A Parenting Plan (if children are involved)
• Child Support Worksheets

Indiana law requires that the other spouse, who is the respondent, be served with divorce papers. This is usually done via certified mail, by a sheriff, or by a professional process server. In return, the respondent is given a specific amount of time to file an answer.

In addition, both parties are required to submit financial disclosures during divorce proceedings to provide the court with an understanding of their income, assets, and the debts incurred. Before custody orders are finalized, both parties are obligated to complete a Parenting Education Class if children are involved.

Judges may require mediation in contested cases, especially when there are disputes about custody or parenting time. If mediation does not resolve the issues, hearings and possibly a trial may be held.

The divorce is finalized when the judge signs a Decree of Dissolution of Marriage, which officially ends the marriage and sets terms for custody, property division, child support, and alimony (if applicable).

City- and County-Level Filing Details

Divorces in Indiana are filed and processed at the county level. The following are some of the state’s largest counties:

• Marion County (Indianapolis):
  • Courthouse: Marion County Circuit and Superior Courts, 200 E. Washington Street, Indianapolis, IN 46204.
  • Services: It provides online case access through Indiana’s Odyssey Case Management System. It also requires parents undergoing divorce to complete a parenting education course before granting child custody to parties.
• Lake County (Crown Point):
  • Courthouse: Lake County Government Center, 2293 N. Main Street, Crown Point, IN 46307.
  • Services: Individuals may access self-help forms available online; There are mediation methods ordered available for custody cases.
• Allen County (Fort Wayne):
  • Courthouse: Allen County Courthouse, 715 S. Calhoun Street, Fort Wayne, IN 46802.
  • Services: Forms and filing instructions are available at the clerk’s office. This county requires divorcing parents to complete a parenting education program when children are involved.
• Hamilton County (Noblesville):
  • Courthouse: Hamilton County Government and Judicial Center, 1 Hamilton County Square, Noblesville, IN 46060.
  • Services: Online access to case dockets and court calendars through the Odyssey System Portal. The county provides self-help resources, including forms and legal referrals for pro se litigants.
• St. Joseph County (South Bend):
  • Courthouse: St. Joseph County Courthouse, 101 S. Main Street, South Bend, IN 46601.
  • Services: Forms are available from the clerk’s office. Mediation is often applied in family law disputes in this county.

Because local county procedures may vary slightly, it is best to verify requirements with the county clerk before filing a divorce petition.

How to Search for Divorce Records in Indiana

Divorce records in Indiana are generally available for public access. Certain information in public records may be redacted, such as social security numbers and financial account information. This is due to the sensitive nature of such records and to protect the privacy of the subject of the record. Records are maintained by the Clerk of the Circuit Court in the county where the divorce was granted.

In Indiana, divorce records may be accessed in the following ways:

• At the courthouse: The public may request case files and certified copies of divorce decrees from the county clerk, typically for a small fee.
• Online: The Indiana Odyssey Case Management System (mycase.in.gov) provides statewide access to case information, allowing searches by party name or case number. Full documents may be obtained from the clerk’s office.
• Third-party services: Private record websites may provide basic information, but certified copies must come directly from the court.

Divorce records usually include the names of the spouses, the date and county of divorce, as well as the case number. Other details included in a divorce record are the terms of child custody, property division, and spousal support. The Decree of Dissolution of Marriage is the official document proving that the marriage has ended.

Key Points

• Divorce in Indiana is referred to as a dissolution of marriage and filed in the Circuit or Superior Court of the county where either spouse resides.
• In Indiana, at least one of the spouses is required to be a resident of the state for six months and in the county for three months before filing for a divorce.
• Indiana is a no-fault divorce state, but also permits certain fault-based reasons for divorce.
• A 60-day waiting period applies before a divorce can be finalized.
• Parents of minor children are obligated to complete a parenting education program. Individuals undergoing the divorce process may adopt mediation techniques to resolve contested cases.
• Divorce records are public and available from county clerks. Members of the public may also search case information on the statewide platform on the Odyssey Case Management System.