Straight answers to common Indiana divorce questions.
If you are thinking about divorce in Indiana, the questions usually get serious fast. Who keeps the house? What happens with the kids? How is property divided? How long will this take? This Indiana Divorce FAQ gives you straight answers about the rules, the process, and the decisions that can affect your family and finances.
The divorce lawyers at Summerfield Dandurand Law Group, LLP, the Founders of Custom Law, put together this list of Indiana divorce FAQs.
Indiana Divorce Basics
Who can file for divorce in Indiana?
Generally, either you or your spouse must have been a resident of Indiana or stationed at a military installation in Indiana for at least six months immediately before filing. There is also generally a three-month county residency requirement for filing in a particular Indiana county.
These requirements can apply whether your case is filed in Hamilton County, Madison County, or another Indiana county. If you recently moved, confirm that the residency rules are met before you file. Filing in the wrong place can create a problem you did not need.
What do I need to prove to get a divorce in Indiana?
Indiana is generally a no-fault divorce state. You typically do not have to prove that your spouse cheated, abandoned you, or otherwise caused the marriage to end.
According to Indiana law, a court may dissolve a marriage based on an irretrievable breakdown. Certain fault-based grounds also exist, including a felony conviction, impotence existing at the time of marriage, and incurable insanity lasting at least two years.
The fact that you do not need to prove fault does not mean that misconduct is irrelevant to every issue in a divorce. Conduct involving finances, children, or other circumstances may still become relevant depending on the issue before the court.
Do you have to be separated in Indiana before getting divorced?
No, separate living is not required before filing.
The important 60-day requirement is a waiting period after the divorce petition is filed. Indiana law generally requires at least 60 days to pass after filing before the court can enter the final divorce decree.
You therefore do not generally have to establish that you and your spouse have lived in separate homes for 60 days before starting the divorce process. If you are considering filing, understanding when the statutory waiting period begins can help you plan the next steps.
How long does a divorce take in Indiana?
Indiana generally requires at least 60 days to pass after the petition for dissolution is filed before a final divorce decree can be entered. The 60-day period is a minimum waiting period, not a guarantee that the divorce will be completed within 60 days.
An uncontested divorce with relatively few issues may move closer to that minimum. A contested divorce involving children, significant property, support disputes, or other disagreements can take substantially longer.
The 60 days is only the floor. If you are fighting over custody, the house, retirement accounts, support, or business interests, the case can take much longer.
Do you have to go to court for an Indiana divorce?
Not necessarily. If you and your spouse reach an agreement on all issues and satisfy the applicable requirements, the divorce may be finalized without a contested trial.
If you cannot agree about property, custody, parenting time, support, or another significant issue, court involvement may become necessary.
Even when a case does not go to trial, legal guidance can help you understand whether a proposed agreement addresses the issues that matter to you and complies with Indiana law.
Indiana Divorce, Property, and Financial Questions
How is marital property divided in an Indiana divorce?
Indiana follows an equitable distribution approach. The court begins with a presumption that an equal division of the marital property is just and reasonable, but that presumption can be rebutted under the circumstances described by Indiana law.
Indiana generally uses a “one-pot” approach when determining the marital estate. Property owned by either spouse before the marriage and property acquired during the marriage can be considered as part of the marital estate, although the ultimate division depends on the circumstances.
Factors that may affect the division include the spouses’ economic circumstances, contributions to acquiring property, and other statutory considerations.
Property division can involve much more than the family home. Depending on the marriage, the marital estate may include bank and investment accounts, retirement interests, real estate, vehicles, businesses, personal property, debts, and other financial obligations.
The value and classification of these assets can become particularly important in a contested divorce.
What happens to the family home in an Indiana divorce?
The family home is generally considered part of the marital estate when determining property division. Depending on the circumstances, the spouses may agree to sell the home, one spouse may receive it as part of the property division, or the court may determine how it should be handled.
The home’s value, mortgage, equity, and each spouse’s financial circumstances can all affect the decision.
Does Indiana have alimony or spousal maintenance?
Indiana does not generally award traditional permanent alimony as some states do. Instead, Indiana law provides for limited forms of spousal maintenance in qualifying circumstances.
For example, maintenance may be considered when a spouse is incapacitated, when a spouse must care for an incapacitated child, or when a spouse experienced a significant interruption to education or employment to care for the home or children.
The statutory requirements and duration depend on the circumstances. In certain cases involving a spouse who needs additional education or training to become self-supporting, rehabilitative maintenance may be awarded for a limited period.
Whether maintenance applies is therefore a fact-specific question rather than an automatic consequence of divorce.
How is child support determined in Indiana?
Indiana child support generally follows the Indiana Child Support Guidelines. The calculation can consider factors such as the parents’ incomes, parenting time, health insurance costs, work-related childcare, and other applicable expenses.
Child support is separate from custody. A parent can have parenting time and still be required to pay support, depending on the circumstances and guideline calculation.
Because income and parenting arrangements can change, an existing support order may sometimes be modified when the applicable legal requirements are satisfied.
Indiana Divorce and Children
How are child custody and parenting time decided?
Parents can often reach their own agreement concerning custody and parenting time. If they cannot agree, the court determines custody based on the best interests of the child.
The court may consider factors involving the child’s relationships, adjustment to home and school, the parents’ circumstances, and other considerations established by Indiana law.
Custody can involve two separate concepts: legal custody, which concerns decision-making authority, and physical custody, which concerns where the child lives and how parenting time is arranged.
A parenting arrangement should address practical issues as well as broad custody designations. School schedules, holidays, transportation, communication, and other recurring issues can become important after the divorce is finalized.
Can parents create their own parenting plan?
Yes. Parents can reach an agreement concerning custody and parenting time rather than asking the court to decide every issue.
A parenting plan can address the practical details of raising the children after separation, including parenting schedules, holidays, transportation, and decision-making responsibilities.
The agreement must still comply with applicable Indiana requirements and, where court approval is required, be accepted by the court.
Can custody or support orders be changed after a divorce?
Some custody and support orders can be modified when the applicable legal requirements are satisfied, and circumstances have changed.
Whether modification is available depends on the specific order, the type of change involved, and the requirements under Indiana law. A change in income, parenting circumstances, or the child’s needs may be relevant, but not every change automatically justifies modification.
Resolving an Indiana Divorce
Can an Indiana divorce be resolved through mediation?
Yes. Mediation can give spouses an opportunity to resolve disputed issues with the assistance of a neutral mediator rather than asking a judge to decide every issue.
Mediation may address matters such as property division, parenting arrangements, and financial support.
The goal is not simply to reach an agreement quickly. Any proposed settlement should still protect your interests and address the issues that will matter after the divorce is finalized.
Custom Law includes Nicholas Dandurand, a registered domestic relations mediator in Indiana. Family law and mediation may be appropriate when the circumstances make negotiated resolution practical.
What happens if my spouse and I disagree?
A divorce becomes contested when spouses cannot agree on one or more significant issues.
The disputed issues might involve custody, parenting time, property, debt, support, or another matter. The case may then require additional documentation, negotiation, mediation, hearings, or trial.
Not every contested issue has to remain contested until the end. Spouses may reach an agreement on some matters while asking the court to resolve others.
The longer disputes continue, however, the more important it becomes to understand the legal position you are taking and the evidence supporting it.
Can we agree on some issues but ask a judge to decide others?
Yes. Spouses may reach agreements on some matters while leaving unresolved issues for the court to determine, depending on the circumstances and applicable procedure.
For example, you and your spouse might agree about parenting time but disagree about how to divide retirement accounts. Resolving the areas of agreement can narrow the remaining issues for the court.
Questions About Filing and the Divorce Process
What happens after a divorce petition is filed?
After an Indiana Petition for Dissolution of Marriage is filed, the other spouse receives notice of the proceeding and has an opportunity to respond. The case then proceeds based on whether the spouses agree or disagree about the issues involved.
Depending on the circumstances, the next stages may include exchanging financial information, negotiating, mediation, hearings, or trial.
What happens if my spouse does not agree to the divorce?
Your spouse’s disagreement does not necessarily prevent the divorce from proceeding. Indiana is generally a no-fault state, meaning you do not typically need your spouse’s agreement to establish that the marriage should end.
However, disagreement about property, custody, support, or other terms can make the case contested and require additional court proceedings.
When Should You Get Legal Advice About an Indiana Divorce?
Not every divorce requires litigation, but legal guidance can be particularly useful when the case involves significant property, retirement accounts, a business, disputed custody, complex financial circumstances, spousal maintenance, or disagreements about parenting time.
It can also help to speak with an attorney before signing a settlement agreement or making decisions that could affect your financial or parental rights.
Custom Law will tell you straight where you stand, what the agreement changes, and what deserves a fight.