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Filing for divorce in Indiana

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Indiana court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Verified Petition for Dissolution of Marriage, which starts the case
Appearance Form, filed at the same time as the petition
Domestic Relations Summons, or a signed Waiver of Service of Summons
Financial Declaration Form, filed sealed and marked confidential
Verified Waiver of Final Hearing, for agreed cases after 60 days
Marital Settlement Agreement, notarized
Decree of Dissolution of Marriage, the proposed final order
Child Support Obligation Worksheet and parenting time schedule, if you have children
Where you fileCircuit or Superior Court in your county, after 6 months in Indiana and 90 days in that county.
What it costsRoughly $157 to $177, and it is generally the only court fee for the case. Service runs $13 to $75. Waivable.
The sequence
1. File the Verified Petition, both Appearance forms, and either the summons or a waiver of service. Bring originals plus copies, and note that many clerks do not take personal checks.
2. Get your case number from the clerk and write it on every form, including the ones you will file later.
3. Hold the rest of your paperwork. Do not file the settlement agreement and decree yet.
4. Serve your spouse by sheriff, process server, certified mail, or a signed waiver. They have 20 days to respond.
5. Wait the full 60 days from the filing date. This cannot be shortened.
6. After day 60, file the settlement agreement, decree, and a Verified Waiver of Final Hearing. If both spouses sign the waiver, the judge can grant the divorce with no court appearance at all.
Indiana schedules nothing for you. It is the petitioner's job to move the case forward and request the final hearing. Free forms are at indianalegalhelp.org. Confirm county requirements with your clerk.
Court forms

Indiana files a Verified Petition for Dissolution of Marriage in the Circuit or Superior Court. You must have lived in Indiana six months and in the filing county three months. Fees run about $155 to $180 by county, waivable for low-income filers, and uncontested couples can waive the final hearing.

State rules and gotchas

The 60-day clock starts at filing and cannot be shortened Verified Jul 2026

Indiana requires a mandatory 60-day waiting period that begins the day you file the petition, not the day your spouse is served. No divorce can be finalized before day 61, even if you agree on everything and sign all documents at the start.

Source: IC 31-15-2-10. Confirm the current rule with the court before relying on it.

The "one pot" rule puts your premarital and inherited property in play Verified Jul 2026

Indiana is unusual: virtually all property either spouse owns, including assets brought into the marriage, gifts, and inheritances, goes into a single marital pot subject to division, with a starting presumption of a 50/50 split. Only a valid prenup reliably keeps property out.

Source: IC 31-15-7-4 and 31-15-7-5. Confirm with the court.

Alimony is rare, and the estate freezes the day you file Verified Jul 2026

Indiana grants spousal maintenance only in narrow cases, such as incapacity or caring for a disabled child, so do not count on it. The marital estate is also generally valued as of the filing date, so income you earn after filing is treated as separate.

Source: IC 31-15-7-2 and Indiana practice. Confirm with the court.

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