Indiana offers both fault and no-fault divorces. A fault divorce places blame on either party, and can only be considered if one spouse believes that there is reasonable evidence of a felony conviction, impotence or insanity. However, a no-fault divorce places no blame and simply states, that the marriage is “irretrievably broken.”

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Residency Requirements

In order to file for a divorce (dissolution of marriage) in the state of Indiana, at least one of the spouses must have been a resident (or stationed there with the US military) of Indiana for at least 6 months preceding the filing of the divorce papers. Continually, at least one of the spouses must have been a resident of the county of filing (or stationed there with the US military) for at least 3 months.

Fill Out your Forms

In Indiana, depending upon the county, divorce petitions must be filed in the Superior Court, Circuit Court or the Domestic Relations Court of the county. This court will then assign the case a number, and will have the rights to facilitate and grant the orders as to: property, debt, support, custody, visitation and anything else that is contested or is a facet of the marriage that must be divided. On the top of every document that is filed with the court the name of the court must be at the top of the document.

The first document that must be filed is the Petition for Dissolution of Marriage. In the petition, the spouse that is filing for divorce must explain on what grounds he or she is filing, and provide a basic outline of the marriage (for how long, how many children, properties, etc.).
    
Once the forms have been prepared and filed they must be served on the Respondent (the Petitioner’s spouse).

After the Petition is filed, if the case is not contested no trial is necessary, and after a judge‘s approval the couple’s marriage will be terminated. If the case is contested, however, it either will go to trial or the couple may settle outside of court. If the case goes to trial the judge will make decisions based upon Indiana “equitable distribution” laws. Specifically, the marital property will be divided in an equitable fashion-- note that  this means fair, not equal. As for children, when they are involved in a case in Indiana, their custody is also at the discretion of the court. The court considers many factors when placing children, and is sensitive to the child’s needs and wants.

If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer’s easy interview process to complete a Divorce Settlement Agreement outlining all the details of the agreement.  The Divorce Settlement Agreement enables the division property, assets, debts and liabilities and settles matters of child support, custody and visitation.

The state of Indiana offers most documents needed for your divorce on their website, based on situation type. For example:


If you need help filing for divorce, you can use Rocket Lawyer to Find a Lawyerwho's right for your situation and needs.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.