To file for divorce in Indiana, you must meet the residency requirement — one spouse must have lived in Indiana for at least 6 months and in the county where the divorce is filed for at least 3 months — and file a Petition for Dissolution of Marriage with the Clerk of the Circuit Court or Superior Court in the county where either spouse resides. Indiana is a no-fault divorce state: the only ground required is that the marriage is irretrievably broken. There is no requirement to prove fault, and fault is not considered in property division or support determinations except in extreme cases involving dissipation of marital assets.
Indiana imposes a mandatory 60-day waiting period from the date the petition is filed — not from the date of service. The divorce cannot be finalized before the 60th day after filing, even if both parties agree on every issue and sign all documents on day 1. This waiting period is one of the shortest in the country and makes Indiana divorces among the fastest to finalize when uncontested. A fully agreed-upon divorce with no children, no real estate, and no disputed financial issues can be finalized in roughly 60 to 90 days.
Contents
- 1 Step 1: Confirm You Meet the Residency Requirement
- 2 Step 2: Prepare the Dissolution Petition and Required Forms
- 3 Step 3: Serve the Petition on Your Spouse
- 4 Step 4: Wait 60 Days — and Use the Time to Resolve Every Issue
- 5 Step 5: Finalize the Divorce
- 6 Indiana Does Not Require Spousal Maintenance in Most Cases
- 7 FAQ: Common Questions About Filing for Divorce in Indiana
- 8 File, Wait 60 Days, Settle Everything, Finalize
Step 1: Confirm You Meet the Residency Requirement
At least one spouse must have been a resident of Indiana for at least 6 months immediately before filing, and a resident of the county where the divorce is filed for at least 3 months. If neither spouse meets the county requirement, file in the county where either spouse last met the requirement or where either spouse is currently residing if the other spouse cannot be located. The 6-month state residency and 3-month county residency must both be met. If you have lived in Indiana for 6 months but in your current county for only 1 month, you must wait 2 more months to file, or file in the county where you previously lived for 3 months.
Step 2: Prepare the Dissolution Petition and Required Forms
The divorce process begins when the petitioner (the filing spouse) files a Petition for Dissolution of Marriage (Indiana form PO-DR100 for divorces with children, PO-DR150 for divorces without children) with the Clerk of the Circuit Court or Superior Court in the appropriate county. The petition must include basic information about both spouses, the marriage, any minor children, and a statement that the marriage is irretrievably broken. If children are involved, additional forms include a Child Support Obligation Worksheet, a Parenting Time Plan, and a Verified Financial Declaration for both parties.
The filing fee varies by county, typically $150 to $250. An Application for Waiver of Filing Fee is available for low-income filers. The clerk will assign a case number and a court. Keep the case number — every subsequent filing must reference it. The 60-day waiting period begins on the date the petition is filed with the clerk, not the date the petition is served on the other spouse.
Indiana’s 60-day clock starts at filing, not at service. Unlike Pennsylvania and many other states, the Indiana waiting period begins when the petition is filed with the clerk, not when the other spouse receives the papers. This means service delays do not extend the waiting period. If the petition is filed on January 1 and the other spouse is not served until January 20, the 60-day clock still started on January 1 — the divorce can be finalized as early as March 1.
Step 3: Serve the Petition on Your Spouse
The respondent (the other spouse) must be formally served with the divorce petition and a summons. Service in Indiana can be accomplished by the sheriff’s office, by private process server, by certified mail with return receipt, or by acceptance of service (the respondent signs a Waiver of Service form acknowledging receipt). The respondent has 20 days from the date of service to file an Appearance and a response. If the respondent does not respond, the divorce may proceed as a default — the petitioner files a Motion for Default Judgment, and the court may grant the divorce without the respondent’s participation, though the court will still review the proposed division of assets and custody arrangements for fairness.
Step 4: Wait 60 Days — and Use the Time to Resolve Every Issue
The 60-day waiting period is not idle time. During this period, both parties must complete and exchange financial declarations, negotiate a settlement agreement covering property division, child custody, parenting time, child support, and spousal maintenance, or file motions for temporary orders if immediate issues — who stays in the house, temporary support, temporary custody — cannot wait. Indiana requires that a proposed settlement agreement be submitted to the court before the divorce can be finalized.
| Issue | Indiana Law |
| Property division | Equitable distribution — a 50/50 split is presumed but not required |
| Spousal maintenance | Limited — only for incapacity, caregiver of disabled child, or rehabilitative maintenance after a short marriage |
| Child custody | Best interest of child; joint legal custody is preferred but not required |
| Child support | Indiana Child Support Guidelines — income shares model based on both parents’ incomes |
Step 5: Finalize the Divorce
After the 60-day waiting period has expired and all issues are resolved — either by agreement or after a final hearing — the court issues a Decree of Dissolution of Marriage. If the divorce is uncontested, the final hearing is typically a brief, 10- to 15-minute proceeding where the judge confirms that both parties understand and consent to the agreement, that the agreement is fair and equitable, and that the marriage is irretrievably broken. The divorce is final when the decree is signed by the judge and entered on the court’s docket.
Indiana Does Not Require Spousal Maintenance in Most Cases
Unlike many states, Indiana spousal maintenance is extremely limited. A spouse is eligible for maintenance only if they are physically or mentally incapacitated, if they are the caregiver of a disabled child and cannot work, or if they need short-term rehabilitative maintenance after a marriage of very short duration where they lack sufficient property to provide for their own needs. There is no long-term alimony in Indiana based on the length of the marriage or the disparity in earning capacity. Do not assume that a long marriage entitles either spouse to ongoing support.
FAQ: Common Questions About Filing for Divorce in Indiana
Can I file for divorce in Indiana without a lawyer?
Yes — the Indiana courts provide standard divorce forms, including petitions for dissolution with and without children, financial declaration forms, and settlement agreement templates. An uncontested divorce with no children and minimal assets can be completed pro se for the filing fee ($150 to $250) plus service costs ($50 to $150). If children, real estate, retirement accounts, or business interests are involved, an attorney is strongly recommended.
What happens after the 60-day waiting period if we haven’t agreed on everything?
The divorce cannot be finalized until all issues are resolved. If the 60 days expire and custody, support, or property division remain disputed, the case proceeds to mediation, settlement conferences, and eventually trial. The 60-day period is a floor, not a ceiling. A contested divorce with custody and property disputes can take 6 to 18 months to finalize.
File, Wait 60 Days, Settle Everything, Finalize
Filing for divorce in Indiana requires meeting the 6-month state and 3-month county residency requirements, filing a Petition for Dissolution of Marriage with the county clerk, serving the other spouse, waiting through the 60-day mandatory period, resolving all issues by agreement or court order, and obtaining the final decree. The 60-day waiting period begins at filing — not at service — making Indiana one of the fastest states for an uncontested divorce.
Indiana’s limited spousal maintenance and no-fault-only grounds simplify the legal issues. The complexity comes from the financial and custody arrangements that must be resolved before the decree can be entered. If children, a house, retirement accounts, or a business are involved, retain an Indiana family law attorney. The cost of a lawyer is almost always less than the cost of an improperly drafted property settlement.
