Indiana Divorce Information
and FAQ
The State of Indiana permits judgments of dissolution of marriage
to be granted upon the following grounds:
1. Irretrievable breakdown of the marriage; 2. Conviction of a
felony by either party; 3. Impotence which existed at the time of
the marriage; 4. Incurable insanity of either party for a period of
at least two years. AIC 31-15-2-3
Residency requirements/where to file At least one of the parties
must have been a resident of Indiana for a least six months prior to
the filing of the petition for dissolution of marriage and a
resident of the county where the petition is filed for three months
immediately prior to the filing of the petition. AIC 31-15-2-6
Name of court and title of action/parties Depending upon the
organization of the courts in the particular county in which the
action is filed, a petition for dissolution of marriage may be heard
in the Superior, Circuit or Domestic Relations Courts. The title of
the action initiating the proceeding is a Petition for Dissolution
of Marriage, while the title of the action granting the relief
sought is called the Final Dissolution of Marriage Decree. The party
filing the action is referred to as the Petitioner, while the other
party is known as the Respondent.
Legal separation The court may issue a decree of legal separation
for a period not to exceed one year if the court finds that the
present circumstances of the marriage make it intolerable for both
parties to live together; the marriage should be maintained; and
neither party has filed a petition for dissolution of marriage. AIC
31-15-3-3 Waiting period No decree of dissolution of marriage will
be issued until at least sixty days have elapsed from the date of
the filing of the petition. AIC 31-15-2-13
Alimony If the court determines a spouse to be physically or
mentally incapacitated to the extent that spouse is unable to
support himself, the court may order support for that spouse during
the period of incapacity.
If the court finds that a spouse lacks sufficient property to
provide for his or her needs and is the custodian of a child whose
condition requires that the spouse forego employment, the court will
order support for that spouse in an amount and for a term that the
court deems appropriate.
Factors the court will consider in determining the amount and
term of an award of alimony include: 1. The educational level of
each spouse at the time of marriage and at the time the action for
dissolution is commenced. 2. Whether an interruption of education,
training, or employment of a spouse occurred because of homemaking
or child care responsibilities; 3. The earning capacity of each
spouse; 4. The time and expense necessary to acquire sufficient
education or training to enable the spouse seeking alimony to find
appropriate employment.
In no case will the court order alimony for a period in excess of
three years. AIC 31-15-7-2
Distribution of property The court will divide all of the
property of the parties, whether jointly or separately owned, as it
deems reasonable and just. A rebuttable presumption exists that the
property should be divided equally between the parties, although
this presumption may be rebutted after consideration of the
following factors: 1. The contribution of each spouse to acquisition
of the property; 2. The extent to which the property was acquired
before the marriage or through inheritance or gift; 3. The economic
circumstances of the parties; 4. The conduct of the parties during
the marriage as it relates to the disposition or dissipation of
their property; 5. The earnings or earning ability of the parties as
it relates to a final division of property and determination of
property rights of the parties. AIC 31-15-7-4
Child custody The court shall determine custody and enter a
custody order in accordance with the best interests of the child. In
determining the best interests of the child, there is no presumption
favoring either parent. The court shall consider all relevant
factors, including the following:
1. The age and sex of the child. 2. The wishes of the child's
parent or parents. 3. The wishes of the child, with more
consideration given to the child's wishes if the child is at least
fourteen (14) years of age. 4. The interaction and interrelationship
of the child with: (A) the child's parent or parents; (B) the
child's sibling; and (C) any other person who may significantly
affect the child's best interests. 5. The child's adjustment to the
child's: (A) home; (B) school; and (C) community. 6. The mental and
physical health of all individuals involved. 7. Evidence of a
pattern of domestic violence by either parent. 8. Evidence that the
child has been cared for by a de facto custodian.
The court may interview the child in chambers to ascertain the
child's wishes as to his or her custodial arrangements. AIC
31-17-2-8
Child support In an action for dissolution of marriage, the court
may order either or both parents to pay any amount reasonable for
the support of a child, without regard to marital misconduct, after
consideration of all relevant factors, including: 1. The financial
resources of the custodial parent; 2. The standard of living the
child would have enjoyed if the marriage had not been dissolved; 3.
The physical or mental condition of the child and the child's
educational needs; 4. The financial resources and needs of the
non-custodial parent.
A child support order may also include basic health and
hospitalization insurance, where appropriate, as well as provisions
for the child's educational expenses. AIC 31-16-6-1
Mediation/reconciliation The court may continue a dissolution
proceeding and order the parties to seek counseling if it finds that
there is a reasonable possibility of reconciliation, or if there is
a minor child of the marriage.
In making a determination as to whether to order the parties to
participate in mediation, the court will consider whether the
parties have the ability to pay for mediation and whether such
mediation would be appropriate in helping the parties resolve their
disputes. AIC 31-15-9.4-1
Name change A woman who desires the restoration of her maiden or
former name must set out the name she desires to be restored to in
the petition for dissolution. AIC 31-15-2-8
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