MaritalLaws
Indiana
Divorce Law Guide
Indiana Divorce Guide :: Table of Contents
Indiana Divorce Overview
The facts about divorce in Indiana
Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.
In Indiana, a divorce can be completed on average in a minimum of 240 days, with court fees of $157.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Indiana for a minimum of six months.
On this page, you can learn about Indiana's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Indiana alimony calculation, the property division process and more.
Indiana Divorce Court Considerations Table
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Indiana Divorce Law Summary
What are the Grounds for Divorce?
To get a divorce in Indiana, the spouse filing for divorce must have lived in the state for 60 days before filing a petition of dissolution. The state is not technically a fault or no fault state, but their laws allow amicable separation and fault divorces.
For fault divorces, Indiana recognizes: discovered to be second cousins, a spouse was already married, adultery, willful desertion, habitual drunkenness, massive drug addiction for a space of 2 years, extreme and repeated physical and/or mental abuse, and convicted of a felony.
The courts will handle the divorce once the appropriate paperwork has been filed. It is important that through this getting a lawyer is considered. Indiana has a lot of work in it, and an attorney can help you get through the process.
Indiana Divorce Guide - Frequently Asked Questions
In state of Indiana a number of factors are taken into account when ending a marriage.
1. Indiana Grounds for Divorce FAQ
- Is Indiana a no-fault divorce state?
- Does Indiana allow at-fault divorces?
- Does the state of Indiana allow incompatibility as grounds for divorce?
- Can you get a divorce in Indiana for living separate and apart?
2. Indiana Divorce Process FAQ
- Does state of Indiana allow legal separation?
- What's the difference between a divorce and an annulment?
- How long do I have to live in in the state of Indiana to get a divorce?
- What is the filing fee for a divorce in Indiana?
- How long does it take to get a divorce in Indiana?
3. Indiana General Divorce FAQ
1. Indiana Grounds for Divorce FAQ
Is Indiana a no-fault divorce state?
Indiana allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Indiana may be "irreconcilable differences", or similar grounds.
Does Indiana allow at-fault divorces?
In addition to no-fault grounds for divorce, Indiana is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Indiana's at-fault divorce grounds, such as adultery, abuse, or insanity.
In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.
Does the state of Indiana allow incompatibility as grounds for divorce?
Yes, Indiana does allow incompatibility to be used as grounds for having a divorce.
Can you get a divorce in Indiana for living separate and apart?
In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
Indiana does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Indiana's accepted grounds for divorce.
2. Indiana Divorce Process FAQ
Does state of Indiana allow legal separation?
Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.
In some cases, Indiana will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.
What's the difference between a divorce and an annulment in Indiana?
While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.
Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.
How long do I have to live in in the state of Indiana to get a divorce?
The state of Indiana requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, Indiana courts are not considered to have jurisdiction over the divorce case.
What is the filing fee for a divorce in Indiana?
The court fees for filing the paperwork for a basic divorce in a Indiana court is $157.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
How long does it take to get a divorce in Indiana?
If the process moves along without holdups, the paperwork for a divorce in Indiana can be processed in a minimum of 240 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.
3. Indiana General Divorce FAQ
Can my spouse stop me from getting a divorce?
Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Indiana. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.
Indiana permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Indiana.
Does Indiana have any limitations on remarriage after a divorce?
Indiana has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.
What is the divorce rate in Indiana?
According to the most recent CDC study, the yearly divorce rate in Indiana is 10 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.
Does Indiana recognize same sex divorces?
Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Indiana, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.