Indiana Divorce Information
The following information is to provide a basic understanding of the various aspects of divorce in the State of Indiana.
You can get more specific information regarding Indiana divorce laws using the links provided to Indiana divorce laws or at your local library.
This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
Indiana Divorce Resources
| Residency Requirements | At the time of the filing of the divorce petition, at least one of the parties must have been a resident of Indiana, or stationed at a United States military installation within Indiana, for at least 6 months immediately preceding the filing of the divorce petition. At least one of the parties must have been a resident of the county where the divorce papers are filed, or stationed at a United States military installation within the county where the divorce papers are filed, for at least 3 months immediately preceding the filing of the divorce petition. |
| Grounds for Divorce | A divorce in Indiana can be granted for any of the following causes:
- Irretrievable breakdown of the marriage
- The conviction of either of the parties, subsequent to the marriage, of a felony
- Impotence, existing at the time of the marriage
- Incurable insanity of either party for a period of at least 2 years
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| Voluntary or required mediation | Yes |
| Voluntary or recommended Counseling | Yes |
| Property Distribution | The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
- The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing
- The extent to which the property was acquired by each spouse before the marriage or through inheritance or gift
- The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children
- The conduct of the parties during the marriage as related to the disposition or dissipation of their property
- The earnings or earning ability of the parties as related to a final division of property and a final determination of the property rights of the parties
The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party
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| 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:
- The age and sex of the child
- The wishes of the child's parent or parents
- The wishes of the child, with more consideration given to the child's wishes if the child is at least 14 years of age
- The interaction and interrelationship of the child with the child's parent or parents, the child's sibling, and any other person who may significantly affect the child's best interests
- The child's adjustment to the child's home, school, and community
- The mental and physical health of all individuals involved
- Evidence of a pattern of domestic or family violence by either parent
- Evidence that the child has been cared for by a de facto custodian
The court may award joint legal custody if it finds that to be in the best interest of the child. The court can award joint legal custody without awarding joint physical custody of the child. In determining whether an award of joint legal custody would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an award of joint legal custody. The court shall also consider:
- the fitness and suitability of each of the persons awarded joint custody
- whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child's welfare
- the wishes of the child, with more consideration given to the child's wishes if the child is at least 14 years of age
- whether the child has established a close and beneficial relationship with both of the persons awarded joint custody
- whether the persons awarded joint custody live in close proximity to each other and plan to continue to do so
- the nature of the physical and emotional environment in the home of each of the persons awarded joint custody
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| Child Support | There are specific child support guidelines that will determine how much child support should be paid in Indiana. Child support typically can't be waived by the parents, although a judge might decide this on a case-by-case basis, by looking at all factors. If you and your spouse agree to an amount of child support that's different than the guidelines would order, the judge will decide if that amount is in the child's best interests.
The court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
- the financial resources of the custodial parent
- the standard of living the child would have enjoyed if the marriage had not been dissolved
- the physical or mental condition of the child and the child's educational needs
- the financial resources and needs of the noncustodial parent
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| Spousal Support | A court may order alimony if it finds that:
- a spouse is physically or mentally incapacitated, to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected
- a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs
- the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment
Indiana laws allow the court to consider the following factors when determining an award of alimony:
- the educational level of each spouse at the time of marriage and at the time the divorce is filed
- whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both
- the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market
- the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment
A court may award rehabilitative alimony if necessary, in an amount and for a period of time that the court considers appropriate, but not to exceed 3 years from the date of the final decree.
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Indiana Divorce Attorneys by County
Click on any IN county below to find a divorce attorney in your area.
Indiana Divorce Mediators by County
Click on any IN county below to find a divorce mediator in your area.
DISCLAIMER:
This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.
The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.
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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.
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