Everything You Need to Know about Divorce in Indiana in 2023 – Updated for 2025

Note: This article was updated in 2025 to reflect recent changes in Indiana divorce law.

Navigating the complexities of divorce can be emotionally and legally challenging. Understanding Indiana divorce laws is essential to ensure a smoother process and to protect your rights and future. This guide offers a clear breakdown of the divorce process in Indiana, outlines Indiana divorce requirements, walks through how to file for divorce in Indiana, and provides guidance on choosing the right Indiana divorce attorney. For your convenience, all updated laws and information are noted in bold red.

In Indiana, divorce is legally called a “dissolution of marriage.” The law recognizes both no-fault and fault-based divorces, though no-fault is the norm. Most couples file based on an “irretrievable breakdown” of the marriage, which means that the relationship cannot be repaired. In far less common cases, Indiana law also allows for fault divorces in very limited circumstances.

To be eligible to file for divorce in Indiana, at least one spouse must have lived in the state (or been stationed at a military base in Indiana) for six months before filing. Additionally, one of the spouses must have lived in the county where the divorce is filed for at least three months. Indiana also enforces a 60-day waiting period between filing and finalizing the divorce. This cooling off period prevents a couple from filing for divorce on Monday, a court finalizing it on Wednesday and the couple reconciling on Friday. It is a practical rule.

The divorce process in Indiana typically includes the following steps:

1. File the Petition – One spouse files a Petition for Dissolution of Marriage with the county clerk’s office.
2. Serve the Other Party – The non-filing spouse must receive legal notice of the divorce filing.
3. Exchange Financial Information – Both parties provide a full financial disclosure, including income, debts, assets, and expenses.
4. Request Temporary Orders – If needed, temporary court orders can be established to address custody, support, or use of shared property during the divorce.
5. Attempt Settlement – Couples are encouraged to resolve their differences through negotiation or mediation. Settling out of court generally results in less expense and stress.
6. Prepare for Final Hearing – If all issues are resolved, a final hearing is scheduled. In contested cases, the court hears arguments and issues final orders.

If both parties agree on all terms, such as parenting schedules, property division, and financial matters, the divorce is considered uncontested. These typically move faster and are not common. Contested divorces, however, take longer, may involve more court appearances and need to involve professionals.

Indiana has a presumption that the marital assets and liabilities should be divided equally amongst husband and wife. This presumption of an equal distribution can be overcome in certain cases and an experienced divorce attorney will help determine if your case meets those standards. In addition to that presumption, Indiana allows for arguments regarding fairness to be brought to the Court, not just a blanket equal sharing. The court evaluates various factors such as how long the marriage lasted, the economic situation of each spouse, their contributions to property and income, and any prenuptial agreements. Marital property includes everything acquired by either spouse before and during the marriage, even if titled in only one person’s name.

Indiana courts award spousal maintenance only in specific cases. Maintenance may be granted if one spouse is physically or mentally unable to support themselves, or if that spouse is caring for a child whose health condition prevents the caregiver from working. Courts may also grant short-term rehabilitative maintenance for up to three years to help one spouse complete education or job training after divorce.

Note: Since January 1, 2019, under federal law, alimony is no longer tax-deductible for the payer and is not considered taxable income for the recipient.

Indiana family courts make custody decisions based on the best interests of the child. Judges consider each parent’s role in caregiving, the child’s emotional and physical needs, the child’s preferences (particularly if the child is age 14 or older), and the ability of each parent to provide a stable environment. However, the Courts can use any factor or piece of evidence to help make these decisions.

Child support is calculated using a formula that factors in both parents’ incomes, the amount of time the child spends with each parent, and the costs of health insurance and childcare. The court aims to maintain a level of financial stability similar to what the child would have experienced had the parents remained married.

As of January 1, 2024, Indiana’s Relocation Statute has been modified. Parents with joint custody who plan to move must now follow updated notification procedures. The revised law addresses situations where relocation would impact existing parenting time or custody orders.

Also effective January 1, 2024, Indiana updated its Child Support Guidelines to reflect changes in living costs and income ranges. The weekly support amounts have been adjusted, and the child support worksheet was redesigned for better accuracy and ease of use.  In addition these changes eliminated what was previously called the 6% rule.  Therefore new child support orders require each parent to contribute to unreimbursed medical expenses from dollar one in certain percentages.  These changes are intended to make support calculations more accurate based on the updated economic models across the state.

Michelle and David had been married for over a decade and had two children together. When they agreed to divorce, they prioritized the emotional wellbeing of their kids. Michelle contacted a well respected Indiana divorce attorney who walked her through every step of the process, from filing paperwork to working out parenting arrangements.

Thanks to open communication and a clear legal strategy, Michelle and David reached a fair agreement. They avoided a courtroom battle and completed the divorce within a few months. Michelle said having legal guidance helped her feel grounded during an emotionally difficult time. Having a lawyer who showed compassion made the process feel more manageable and less adversarial.

After divorce, circumstances can change. A parent may move for a new job, incomes may shift, or a child’s needs may evolve. In Indiana, either party can request a modification to parenting time, custody, or support if they show that a significant change has occurred since the original order or in some circumstances only that the change would be in the child’s best interest.

When one party refuses to follow a court order, such as not paying child support or violating a parenting agreement, the other can file a motion to enforce the order. The court may respond with attorneys fees, penalties, or even contempt of court if necessary. In more serious cases, the court can modify custody as a consequence of ongoing noncompliance.

• Not being fully honest in financial disclosures
• Allowing anger or resentment to dictate legal decisions
• Accepting an agreement without understanding long-term consequences
• Failing to account for taxes or retirement assets
• Delaying hiring an attorney until after problems arise

Avoiding these errors can make the divorce process more efficient and protect your financial and emotional well-being.

Choosing an attorney is one of the most important decisions you’ll make during divorce. Your attorney should not only understand Indiana law but also communicate clearly and advocate respectfully. Many people find it helpful to choose someone local who is familiar with the family court judges and clerks in your area.

A strong attorney-client relationship is built on trust. You should feel comfortable asking questions, sharing concerns, and discussing personal details. An experienced and compassionate lawyer helps you manage both legal details and emotional strain.

If you have children, this decision becomes even more important. An attorney who can help craft a fair and durable parenting plan is invaluable. A well-structured custody arrangement can help prevent future conflict and create stability for your child.

Understanding Indiana divorce laws gives you a better path forward when facing the end of a marriage. Knowing how to file for divorce in Indiana, meeting Indiana divorce requirements, and hiring the right Indiana divorce attorney can help you take meaningful, informed steps—especially during such an emotionally charged time.

Divorce is never easy, but you don’t have to go through it alone. With the right support and legal guidance, you can navigate the process and build a more stable future for yourself and your family.