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.
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
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.
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.
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.
Choosing a Indiana attorney?
Read reviews from real clients. No sponsored placements, no pay to rank.
Search Indiana family law attorneys