Divorce and Custody Basics in Indiana

Divorce, called dissolution of marriage in Indiana, is one of the most common reasons people deal with the court system. This guide covers the basics: how the process works, how long it takes, and how Indiana handles property, support, and children. It is general information, not advice for your situation, and family law is fact-specific.

Indiana is a no-fault state

You do not have to prove your spouse did something wrong. The standard ground is that the marriage is irretrievably broken. This avoids the need to assign blame, though conduct can still matter for limited issues. Either spouse can seek a dissolution.

Residency and the waiting period

To file in Indiana, generally one spouse must have lived in the state for six months and in the filing county for three months. After the petition is filed, Indiana imposes a mandatory waiting period of at least 60 days before the divorce can be finalized. Contested cases take much longer; an uncontested divorce where both spouses agree can finish closer to the minimum.

Dividing property

Indiana follows equitable distribution, meaning marital property is divided fairly, which is not always 50/50. The court starts from a presumption of an equal split but can adjust based on factors like each spouse's contributions, economic circumstances, and the source of assets. Indiana uses a "one pot" approach, so most property either spouse owns, including some acquired before the marriage, can be part of the division.

Child custody

Custody decisions are governed by the best interests of the child. Indiana separates legal custody (who makes major decisions about education, health, and upbringing) from physical custody (where the child lives). Courts consider the child's age, the parents' relationships with the child, the child's adjustment to home and school, and other factors. Indiana also publishes Parenting Time Guidelines that set out a standard schedule when parents cannot agree.

Child support

Indiana calculates child support using the Indiana Child Support Guidelines, which factor in both parents' incomes, the number of children, parenting-time credits, and costs like health insurance and childcare. The result is a guideline figure courts generally follow, with room to deviate when justified. You can read the framework through the Indiana courts.

Do you need a lawyer?

An uncontested divorce with no children and few assets can sometimes be handled with the self-service forms. When there are children, real property, retirement accounts, a business, or disagreement, the stakes and complexity rise, and advice is wise. Income-eligible parents can find help through the organizations on our Find Free Legal Help page, and the Courts and Filing section explains where these cases are filed in the Region.