Divorce in Indiana: Laws, Process, and What You Need to Know (2026)

Q: How long does a divorce take in Indiana?

Indiana has a mandatory 60-day waiting period after filing before a divorce can be finalized. An uncontested divorce where both parties agree on all terms typically takes 2 to 4 months. Contested divorces can take 6 months to over a year, particularly when custody, property, or support issues are in dispute.

Q: How much does a divorce cost in Indiana?

Filing fees in Indiana generally range from $150 to $250, depending on the county. An uncontested divorce without attorneys can cost under $500. Attorney-represented uncontested divorces typically cost $1,500 to $3,500, while contested divorces can range from $5,000 to $20,000 or more.

Q: Why is Indiana's presumption of equal property division significant?

Indiana's rebuttable presumption of a 50/50 property split is notable because it provides a clear starting point that benefits both parties in negotiations. Unlike most equitable distribution states where the court has broad discretion from the outset, Indiana's presumption means the spouse arguing for an unequal division bears the burden of proving why a deviation is justified. This can make outcomes more predictable and can encourage settlement, since both sides understand the baseline the court will use.

Introduction

Indiana has one of the most distinctive approaches to property division: the court starts with a presumption of a 50/50 split of all marital property, then can deviate based on specific factors. This rebuttable presumption gives both parties a clear baseline.

Indiana is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Indiana handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Indiana, you must meet the state's residency requirements: 6 months in the state, 3 months in the county. This means at least one spouse must have lived in Indiana for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Indiana allows both no-fault and fault grounds for divorce. No-fault: irretrievable breakdown. Fault grounds include conviction of a felony, impotence, and incurable insanity for at least 2 years. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Indiana follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Indiana:

Education level
Earning capacity
Length of marriage
Custodial responsibilities
Mental or physical incapacity

Indiana limits spousal maintenance. It is generally only available for an incapacitated spouse, a spouse caring for an incapacitated child, or as rehabilitative maintenance up to 3 years.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Indiana uses the Income Shares model for calculating child support, with guidelines based on combined weekly adjusted income.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Indiana courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Indiana, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Indiana, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Indiana typically range from $150-$250, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 60 days after filing

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Indiana Divorce

Is Indiana a community property state?

No, Indiana is not a community property state. Indiana follows the equitable distribution model with a distinctive twist: the court begins with a presumption that marital property should be divided equally (50/50), and then can deviate from that baseline based on specific factors. This rebuttable presumption gives both parties a clear starting point for negotiations.

How is property divided in an Indiana divorce?

Indiana courts start with a presumption of an equal division of all marital property. The judge can then adjust this split based on factors such as each spouse's economic circumstances, contributions to the acquisition of property, the earning ability of each party, and the conduct of each spouse during the marriage. Notably, Indiana courts can consider property acquired both before and during the marriage when making the division, which is unusual compared to many other states.

How long does a divorce take in Indiana?

Indiana has a mandatory 60-day waiting period after filing before a divorce can be finalized. An uncontested divorce where both parties agree on all terms typically takes 2 to 4 months. Contested divorces can take 6 months to over a year, particularly when custody, property, or support issues are in dispute.

Can I get alimony in Indiana?

Indiana is one of the more restrictive states when it comes to alimony (called "spousal maintenance"). Maintenance is generally only available in three situations: when a spouse is physically or mentally incapacitated, when a spouse is the caretaker of a child who is incapacitated, or as rehabilitative maintenance for up to 3 years to allow a spouse to gain education or training. Long-term or permanent alimony is rare in Indiana compared to most other states.

What are the grounds for divorce in Indiana?

Indiana allows both no-fault and fault-based grounds for divorce. The no-fault ground is irretrievable breakdown of the marriage. Fault grounds are limited to conviction of a felony after marriage, impotence at the time of marriage, and incurable insanity for at least 2 years. Most Indiana divorces are filed on no-fault grounds.

What are the residency requirements for divorce in Indiana?

At least one spouse must have been a resident of Indiana for a minimum of 6 months and a resident of the county where the petition is filed for at least 3 months. The case is filed in the circuit or superior court of the county where either spouse meets the residency requirement.

How much does a divorce cost in Indiana?

Filing fees in Indiana generally range from $150 to $250, depending on the county. An uncontested divorce without attorneys can cost under $500. Attorney-represented uncontested divorces typically cost $1,500 to $3,500, while contested divorces can range from $5,000 to $20,000 or more.

Why is Indiana's presumption of equal property division significant?

Indiana's rebuttable presumption of a 50/50 property split is notable because it provides a clear starting point that benefits both parties in negotiations. Unlike most equitable distribution states where the court has broad discretion from the outset, Indiana's presumption means the spouse arguing for an unequal division bears the burden of proving why a deviation is justified. This can make outcomes more predictable and can encourage settlement, since both sides understand the baseline the court will use.

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