By: Claire L. Hagedorn

A Divorce in Indiana – The Basics

In Indiana, a divorce is formally called a dissolution of marriage. A dissolution case typically covers several categories related to the marriage including:

1. Ending The Marriage
2. Division Of Property and Debts of the Parties
3. Child Custody and Parenting Time (if applicable)
4. Child Support (if applicable)
5. Spousal Maintenance (sometimes called spousal support) (if applicable)

Step 1: Proper Jurisdiction

Before an Indiana court can grant a dissolution, at least one spouse must meet Indiana’s residency requirements. In general terms:

1. At least one spouse must have lived in Indiana for a minimum period before filing.
2. The filing spouse must also meet a county residency requirement, in other words, have been living in the county for a minimum period before filing.

If neither spouse meets these requirements, an Indiana court may not be able to hear the case.

Step 2: File the Petition

A divorce case begins when one spouse files a Verified Petition for Dissolution of Marriage with the Court which must be signed by the filing party, affirming under the penalties for perjury that the facts stated in the Petition are true.

The Petition typically includes basic information such as:

1. Each spouse’s residence information (and how long each has lived in Indiana and the county)
2. The date of the marriage
3. The date of separation
4. The relief requested (for example – property division, custody, support, and/or maintenance)

Step 3: The Waiting Period

Indiana has a waiting period rule that states that the case cannot be finalized until at least 60 days after filing.

During the early stage of the case, spouses often address practical issues such as:

1. Temporary parenting time schedules (if applicable)
2. Temporary child support (if applicable)
3. Temporary arrangements for paying household bills
4. Temporary possession of the marital home (if applicable)

Step 4: No-Fault Divorce Basics (What You Do and Do Not Have to Prove)

Indiana is a no-fault divorce state. That means the court is not deciding who is “at fault” for the marriage ending. Generally:

1. One spouse can obtain a dissolution even if the other spouse disagrees, as long as procedural and jurisdictional requirements are met.
2. The court is not supposed to treat the case like a trial about marital misconduct when deciding whether the divorce should be granted.

Step 5: Work toward settlement

Many divorces resolve through a written Settlement Agreement. Indiana law encourages spouses to settle issues in writing, including:

1. Property division
2. Spousal maintenance (if applicable)
3. Child custody and support (if applicable)
4. Child relocation terms (if applicable)

If the Court approves the agreement, it is typically incorporated into the Final Decree and becomes enforceable as part of the Court’s Order.

Important Practical Point: Property Terms Vs. Child-Related Terms

Indiana law treats these differently:

1. Property division terms in an approved settlement are generally intended to be final and not generally subject to later modification.
2. Child-related terms (custody, parenting time, child support) are treated differently because courts must remain able to protect a child’s best interests. These issues can be modified later if legal standards are met.

Step 6: No Settlement? It’s Up to the Judge

If you cannot reach a full agreement, the court will decide the remaining issues after a hearing or trial.

Property and Debts: The “One-Pot” Approach and Equal Division Presumption

Indiana generally uses a “one-pot” approach to marital property, meaning the court considers all property of the parties for division, including property owned before the marriage and property acquired during the marriage (with some other exceptions that may apply).

Indiana also starts with a presumption that an equal (50/50) division is just and reasonable. This is often a difficult presumption to overcome. That presumption may be rebutted with evidence of the following factors that may be considered include:

1. Each spouse’s contribution to acquiring property
2. Whether property was acquired before marriage or by gift/inheritance
3. Conduct related to dissipation (wasting) of marital assets

Spousal Maintenance (Spousal Support): Limited Categories

Spousal maintenance is not automatic in Indiana, in fact, it is not typical in many cases. Courts generally award maintenance only in very limited circumstances, such as:

1. Incapacity Maintenance may be awarded when one spouse is physically or mentally incapacitated and cannot support themselves adequately.
2. Caregiver Maintenance may be awarded when one spouse must forgo employment to care for a child with significant incapacity.
3. Rehabilitative Maintenance may be awarded on a short-term basis while a spouse obtains education or training. This is generally very limited in duration.

Maintenance orders may be modified under certain standards after a divorce is final (for example, substantial and continuing changed circumstances).

Children: Custody/Parenting Time and Child Support

If you have children, the court (or your Agreement, if approved) will address:

1. Custody and Parenting time which is based on the child’s best interests.
2. Child support, which Indiana courts can order in a dissolution case (and in some situations, child support can also be pursued as a separate action).

Child support is generally determined by considering relevant factors such as:

1. The financial resources of each parent,
2. The standard of living the child would have enjoyed if the marriage had not been dissolved,
3. The child’s physical/mental condition and educational needs,
4. The financial resources and needs of the noncustodial parent, and
5. The amount of overnights each parent has with the child.

Step 7: The Final Hearing and Final Decree

A divorce becomes final when the court issues a Final Decree of Dissolution. If you have a settlement agreement, the Final Hearing may be brief and focused on confirming the Agreement and entering the Decree. It is also possible to sign a waiver of a final hearing if a complete settlement agreement is reached between the parties.  If you do not have an Agreement, the Final Hearing (Trial) is where the Judge receives evidence and makes decisions on disputed issues.

After The Divorce: What Can Be Changed Later (and What Usually Cannot)

After the decree:

1. Property division is generally intended to be final once incorporated into the decree (with limited exceptions).
2. Child support, custody, and parenting time may be modified later if applicable legal standards are met.
3. Maintenance may be modifiable in certain circumstances, depending on the type of maintenance and the showing made.

Practical Checklist: What To Gather Early

To make the process smoother, it helps to gather:

1. Recent pay stubs and tax returns
2. Bank and retirement account statements
3. Mortgage statements, deeds, vehicle titles, and loan statements
4. Credit card statements and other debt records
5. Monthly budget information (housing, utilities, childcare, insurance, etc. )
6. If children are involved: school and childcare information, health insurance details, and a proposed parenting schedule

Simple Steps in Summary

Most Indiana divorces follow this basic path:

1. Confirm residency/jurisdiction.
2. File the petition.
3. Wait at least 60 days before the case can be finally heard.
4. Exchange information and negotiate.
5. Settle and finalize or go to a hearing for the Judge to decide unresolved issues.

While this is the typical path for a simple divorce in Indiana, every case is different. The legal process of divorce can be difficult, but our experienced family law attorneys at Lorch Naville Ward are prepared and available to help you through this process. Please give us a call at 812-949-1000 to discuss your specific circumstances and situation.

This blog is meant to serve as a general overview and does not provide legal advice.