Divorce in Indiana: Laws, Requirements, and Process
A complete guide to getting a divorce in Indiana. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state and 3 months in the county.
- Waiting period: 60 days from filing.
- Filing fee: $150 - $200.
Grounds for Divorce
Indiana allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Fault-Based Grounds
Indiana also recognizes these fault-based grounds for divorce:
- Conviction of a felony after the marriage
- Impotence at the time of marriage
- Incurable insanity for at least 2 years
Residency Requirements
6 months in the state and 3 months in the county.
Property Division
Indiana is an equitable distribution state. Indiana follows equitable distribution with a presumption of a 50/50 split. Courts divide all marital property equally unless a party demonstrates that an equal division would not be just and reasonable, considering factors such as the contribution of each spouse, the economic circumstances of each party, and conduct during the marriage.
Alimony / Spousal Support
Indiana calls alimony 'spousal maintenance' and limits it to specific situations: when a spouse is physically or mentally incapacitated, when a spouse lacks sufficient property to meet their needs and is the custodian of a disabled child, or for rehabilitative purposes (limited to 3 years). Indiana is one of the more restrictive states for alimony.
Child Custody
Indiana courts determine custody based on the best interest of the child. Factors include the age and sex of the child, the wishes of the child and parents, the child's relationship with each parent, and the mental and physical health of all individuals.
Child Support
Indiana uses the income shares model. Child support is calculated based on both parents' weekly gross incomes, the number of children, and adjustments for health insurance, childcare, and parenting time credits.
Filing Fee
The filing fee for divorce in Indiana is $150 - $200. Fee waivers may be available for those who cannot afford to pay.
Indiana court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Indiana?
Indiana allows no-fault divorce based on the irretrievable breakdown of the marriage. The state also has limited fault grounds: felony conviction after marriage, impotence at the time of marriage, and incurable insanity for at least 2 years.
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How long do you have to live in Indiana to file for divorce?
At least one spouse must have been a resident of Indiana for at least 6 months and a resident of the county for at least 3 months before filing for divorce.
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How is property divided in an Indiana divorce?
Indiana uses equitable distribution with a presumption of equal (50/50) division. A court may deviate from equal division if one party demonstrates that an equal split would be unjust, based on each party's contributions and economic circumstances.
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How long does a divorce take in Indiana?
Indiana has a 60-day waiting period from the date of filing. Uncontested divorces can be finalized in approximately 60 to 90 days. Contested cases often take 6 months to over a year.