Reviewed July 2026
Filing for Divorce in Indiana
A plain-language look at how divorce works under Indiana law: who can file, how long it takes, what it costs, and where Indiana's own court forms and self-help resources are.
Virdix's document-preparation product currently prepares divorce paperwork for California cases only. This page explains how the process works under Indiana law, using Indiana's own court forms and self-help resources, for people researching before they file. It is not legal advice, and Virdix does not prepare or file Indiana divorce paperwork. See how Virdix works for California divorces.
Indiana's 'one-pot' property division doctrine is the most distinctive feature of its divorce law: Ind. Code § 31-15-7-4 puts ALL property into the divisible marital estate regardless of when or how it was acquired, including assets either spouse owned before the marriage or received individually as gifts/inheritance, there is no automatic carve-out for separate property the way most equitable-distribution states allow, though a spouse can argue those factors should shift the division away from the presumptive 50/50 split under § 31-15-7-5. Second, Indiana's residency rule is two-tiered and easy to get wrong: 6 months statewide is not enough by itself, the petitioner also needs 3 months in the specific county where they're filing, which trips up people who recently moved counties within Indiana even after they clear the statewide bar. Third, the 60-day waiting period is a floor on the FINAL hearing/decree, not a separate 'cooling off before filing' rule, it runs from the petition filing date, and even fully uncontested cases with a signed settlement still cannot get a decree until that 60 days has run, via the summary dissolution/waiver-of-final-hearing route.
Grounds for divorce in Indiana
No-fault grounds
- Irretrievable breakdown of the marriage, the ground used on Indiana's standard statewide petition form; no proof of fault required
Fault-based grounds
- Conviction of either party, after the marriage, of a felony
- Impotence existing at the time of the marriage
- Incurable insanity of either party for a period of at least two years (requires guardian ad litem involvement)
A decree may be granted on only one of the four grounds above and no other; the three fault-adjacent grounds are rarely used in practice.
Source: indianalegalhelp.org
Who can file: residency rules
At least one spouse must have been a resident of Indiana (or stationed at a U.S. military installation within Indiana) for six (6) months immediately preceding filing. In addition, at least one spouse must have resided in (or been stationed at a military installation in) the specific county where the petition is filed for three (3) months immediately preceding filing. Both the state and county residency periods must be satisfied.
Ind. Code § 31-15-2-6
Source: indianalegalhelp.org
How long it takes
Minimum 60 days from the date the petition is filed before the court may hold the final hearing or grant a final dissolution decree (whether by contested final hearing or by summary/uncontested decree). This is a hard floor, not a guarantee cases finalize at day 60, contested cases commonly take longer.
Ind. Code § 31-15-2-10
Source: indianalegalhelp.org
That figure is the statutory floor, not a promise. Service, exchanging financial disclosures, and the court's own hearing calendar routinely add time on top of it, and a contested case takes longer than an uncontested one regardless of the minimum. California, by comparison, requires a mandatory six month waiting period from the date of service.
Cost and filing fees
$157.00 statewide base civil filing fee for a dissolution of marriage case (itemized: $100 civil filing fee + $5 document storage + $20 automated record keeping + $5 public defense administration + $1 judicial insurance adjustment + $20 judicial salaries + $5 court administration, per the Indiana Trial Court Fee Manual, current through the 2026 legislative session). This DOES vary in practice: counties with an Indiana Supreme Court-approved Alternative Dispute Resolution plan add a $20 fee for petitions for dissolution of marriage/legal separation/paternity (Ind. Code § 33-23-6-1), bringing the total to $177; add $28 more if the sheriff serves process, for a possible total up to $205. Confirm the exact current total with the county clerk before filing.
Source: in.gov
California's own statewide filing fee is generally $435 to $450 statewide, with a fee waiver available for those who qualify.
Divorce forms and papers
The petition
Verified Petition for Dissolution of Marriage. No separate statewide numeric form-ID (e.g. a 'State Form ####' code) was found on any Indiana Supreme Court-affiliated or courts.in.gov source; the form is identified by name and packet revision date only (current packet revision reviewed: 202509 for the with-children/agreed version, 202410 for the without-children/contested version). Note: some third-party SEO sites (not usable as primary sources) label it 'PS-31152-1', this number could not be verified against any Indiana Supreme Court or Indiana Judicial Branch source and should not be relied on.
Source: indianalegalhelp.org
Fee waiver
Verified Motion for Fee Waiver (part of the statewide Family Filing Fee Waiver packet distributed through the Indiana Supreme Court-affiliated Coalition for Court Access self-help forms library; document control reference CCA-GF-0819-3004). Indiana does not appear to assign this a separate numbered 'State Form' designation the way some other states do.
Source: indianalegalhelp.org
Indiana publishes fillable forms for this process. https://indianalegalhelp.org/commonly-used-forms/
California uses standardized Judicial Council forms, starting with the Petition (Form FL-100), across every county. See California's own divorce forms.
Filing online
Indiana has a mandatory statewide e-filing system (the Indiana E-Filing System, IEFS, built on the Odyssey case management platform) governed by Indiana Trial Rule 86, effective statewide. E-filing is mandatory for attorneys and other registered 'Users' of the system. Self-represented (pro se) litigants who are not registered Users are not required to e-file, Indiana Trial Rules 4 and 5 continue to govern service/filing for unrepresented parties who file on paper, but pro se filers may voluntarily register and e-file for free through IEFS, and courts.in.gov directs self-represented litigants to an E-Filing User Guide.
Source: rules.incourts.gov
Uncontested and simplified divorce
Indiana offers a distinct simplified or summary track.
Indiana does not have a separate short-form/summary dissolution track with eligibility thresholds (like short marriage length or low asset/debt caps) the way some states do. Instead, Ind. Code § 31-15-2-13 lets the court enter a 'summary dissolution decree' without holding a final hearing at all, once at least 60 days have passed since filing, if both spouses file a verified written waiver of final hearing plus either a statement that there are no contested issues or a signed settlement agreement resolving all issues. This is confirmed in the official statewide self-represented litigant packet, which includes a 'Verified Waiver of Final Hearing' form to be filed no earlier than 60 days after the petition.
Source: indianalegalhelp.org
California's equivalent is uncontested divorce in California, which uses the same statewide forms as any other case but moves faster once both spouses agree on every term.
Filing without a lawyer
Indiana allows self-represented filers, and most divorces filed in the state proceed this way. Because Virdix prepares paperwork for California cases only, a Indiana filer handling their own case works directly from Indiana's own forms and self-help materials rather than a Virdix-prepared packet. Indiana's official self-help resources are the direct source for the current forms and instructions.
For how self-representation works in the state Virdix does serve, see divorce without a lawyer in California and DIY divorce vs. hiring a lawyer.
More about divorce in Indiana
How property is divided
Equitable distribution, with Indiana's distinctive 'one-pot' theory. Ind. Code § 31-15-7-4(a) directs the court to divide 'the property of the parties' regardless of whether it was (1) owned by either spouse before the marriage, (2) acquired individually by either spouse after the marriage, or (3) acquired by the couple's joint efforts, meaning premarital and separately-acquired property is not carved out of the marital estate before division the way it is in many other equitable-distribution states; everything goes into one pot subject to division. Ind. Code § 31-15-7-5 then creates a rebuttable presumption that an equal (50/50) division of that full pot is just and reasonable, which either party can rebut with evidence on statutory factors (contribution to acquisition, source of the asset, economic circumstances, conduct during the marriage, and earning ability).
Source: law.onecle.com
Spousal support
Indiana has no formulaic spousal support/maintenance guideline (unlike its child support guidelines). Ind. Code § 31-15-7-2 authorizes maintenance only in three specific, discretionary circumstances: (1) during a spouse's physical or mental incapacity that limits self-support; (2) for a spouse who must forgo employment to care for a child (of either party) with an incapacity; and (3) 'rehabilitative maintenance' for up to a maximum of three (3) years from the final decree, based on factors like the requesting spouse's education, employment history, and earning capacity versus the other spouse's ability to pay.
Source: law.onecle.com
Child support guideline
Income Shares Model, per the Indiana Child Support Guidelines and Rules adopted by the Indiana Supreme Court (administered under Ind. Code Art. 31-16). The model is designed so a child receives the same proportion of parental income they would have received if the parents lived together.
Source: rules.incourts.gov
Residency exceptions
Active-duty service does not defeat residency: a party stationed at a U.S. military installation within Indiana (for the state-level requirement) or within the filing county (for the county-level requirement) satisfies the residency period the same as an ordinary resident, even without establishing a civilian domicile there. Ind. Code § 31-15-2-6(a)-(b).
Source: indianalegalhelp.org
California is the only state on this site with a full county-by-county breakdown. See how California's divorce process compares across its 58 counties.
This page is general information about Indiana divorce procedure, not legal advice for your situation. Laws, fees, and forms change over time; confirm current details with Indiana's own courts before relying on anything here. Virdix is not a law firm, is not licensed to practice law in Indiana, and does not prepare or file Indiana divorce paperwork. It is not a substitute for an attorney licensed in Indiana.