Reviewed August 2026
Uncontested Divorce Checklist in Indiana
An Indiana divorce is uncontested when both spouses agree on every issue and file a Verified Waiver of Final Hearing. Indiana has no separate short-form dissolution statute keyed to marriage length or asset limits. What it has instead is a summary dissolution decree, under Ind. Code section 31-15-2-13. It lets the court skip the final hearing entirely once both spouses waive it in writing. That waiver can be filed no earlier than 60 days after the petition. Indiana's 60-day rule is a hard floor on the final hearing or decree, not a separate cooling-off period before filing. It applies to every case, contested or not.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Indiana law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Indiana paperwork. See how Virdix works for California divorces.
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The summary dissolution decree
Both spouses file a verified written waiver of the final hearing. They also file either a statement that there are no contested issues, or a signed settlement agreement resolving everything. The court can then enter the decree without holding a hearing at all.
This waiver cannot be filed before 60 days have passed since the petition was filed. It works as Indiana's practical equivalent to a simplified track. The statute does not gate it by marriage length or property value, unlike some states' summary-dissolution laws.
Document checklist
Start with the Verified Petition for Dissolution of Marriage, using the with-children or without-children version depending on the case. Add a signed settlement agreement covering property, debt, and, if applicable, custody and support.
To use the no-hearing path, add the Verified Waiver of Final Hearing, filed once 60 days have passed since the petition. A spouse who cannot afford the filing fee can file the Verified Motion for Fee Waiver, part of Indiana's statewide Family Filing Fee Waiver packet.
Grounds
Indiana's standard statewide petition uses irretrievable breakdown of the marriage as the ground, and no proof of fault is required for it. Indiana also keeps three narrow fault-adjacent grounds on the books. They are a felony conviction after marriage, impotence at the time of marriage, and incurable insanity lasting at least two years.
A decree can only rest on one of these four grounds and no other. Agreed cases almost always use irretrievable breakdown, since it requires no proof of wrongdoing by either spouse.
The two-tier residency rule
At least one spouse must have lived in Indiana, or been stationed at a military installation in Indiana, for six months before filing. That statewide period alone is not enough. The same spouse also needs three months of residency in the specific county where the case is filed.
This two-tier rule trips up people who recently moved between Indiana counties, even after they clear the statewide six-month bar. Confirm both the state and county timelines are met before filing, since Indiana requires both to be satisfied at once.
Sources: Indiana statewide divorce petition packet, with children, agreed, Indiana statewide divorce petition packet, without children, Indiana fee waiver packet instructions (family cases), Indiana statewide commonly used court forms, Indiana Courts, self-service center, Ind. Code section 31-15-7-4, property division (mirror)
Not independently confirmed
- The official iga.in.gov statute site could not be loaded directly to confirm verbatim statute text for Ind. Code sections 31-15-2-6, 31-15-2-10, 31-15-2-13, and 31-15-2-3, since the site relies on JavaScript rendering. Text was cross-checked against secondary mirrors and the state's own self-help petition packets.
- Whether Indiana imposes a mandatory parenting class for divorces with minor children was not confirmed in materials reviewed for this page. Confirm with the filing county's court.
Uncontested Divorce Checklist in Indiana: frequently asked questions
Can I finalize an Indiana divorce without a hearing?+
Yes, if both spouses agree on everything. File a Verified Waiver of Final Hearing along with either a statement that no issues are contested or a signed settlement agreement. This waiver cannot be filed before 60 days have passed since the petition was filed. The court can then enter a summary dissolution decree without holding a hearing.
What is Indiana's waiting period for divorce?+
A minimum of 60 days must pass from the date the petition is filed. Only then can the court hold the final hearing or grant a final decree, whether contested or uncontested. This is a hard floor, not a guarantee of finalizing on day 60. Contested cases commonly take longer, but no Indiana divorce can finish faster than this 60-day period.
What is Indiana's residency requirement for divorce?+
Two separate periods have to be met at the same time. At least one spouse must have lived in Indiana, or been stationed there in the military, for six months before filing. That same spouse also needs three months of residency in the specific county where the petition is filed, not just anywhere in the state.
What forms do I need for an uncontested Indiana divorce?+
Start with the Verified Petition for Dissolution of Marriage, choosing the with-children or without-children version. Add a signed settlement agreement. To skip the final hearing, add the Verified Waiver of Final Hearing once 60 days have passed. A spouse who cannot afford the filing fee can add the Verified Motion for Fee Waiver.
Can I get the Indiana filing fee waived?+
Yes, if you cannot afford it. File the Verified Motion for Fee Waiver, part of Indiana's statewide Family Filing Fee Waiver packet, distributed through the state's self-represented litigant forms library. Indiana does not assign this a separate numbered state form the way some other states do, so identify it by name.
What grounds does Indiana use for divorce?+
Most cases use irretrievable breakdown of the marriage, which requires no proof of fault and appears on Indiana's standard statewide petition form. Indiana also allows three narrower grounds: a felony conviction after marriage, impotence at the time of marriage, and incurable insanity of at least two years. Agreed cases almost never need those three.
This page is general information about uncontested divorce checklist in Indiana, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Indiana's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Indiana. Virdix does not prepare or file Indiana divorce paperwork. It is not a substitute for an attorney licensed in Indiana.
More Indiana divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Indiana, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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