Divorce in Indiana — the plain-English overview

Indiana has one of the cleaner divorce statutes in the country, and one of the more unusual property rules: every asset either spouse owns at the time of filing — no matter when or how it was acquired — goes into the marital pot for division. This one-pot rule changes how Indiana divorces feel in practice, even though the court can still award an unequal share for documented reasons. None of this replaces talking to an Indiana family-law attorney about your specifics, but knowing the starting framework helps you read your own paperwork.

Where you file

Indiana divorces — formally dissolution of marriage proceedings — are filed in the county where you've lived for at least 3 months. At least one spouse must have been an Indiana resident for 6 months before filing (IC 31-15-2-6).

Indiana's 92 counties each have a Circuit Court or Superior Court that hears divorce cases. Marion County (Indianapolis), Lake County (Gary), Allen County (Fort Wayne), and Hamilton County handle the largest volumes. Some counties have a dedicated Family Court Magistrate for divorce matters; in others, civil judges handle them.

How long it takes

Indiana imposes a 60-day waiting period from the date the petition for dissolution is filed before the court can hold a final hearing and enter a decree (IC 31-15-2-10).

Indiana's only no-fault ground is that the marriage is irretrievably broken. The state also recognizes fault grounds (impotence, conviction of an infamous crime, and incurable insanity for 2 years), but those are vanishingly rare in modern practice.

Property — what state law assumes

Indiana is an equitable distribution state with one structural feature that's worth understanding up front: the one-pot rule under IC 31-15-7-4. Every piece of property either spouse owns at the time of filing — including what each brought into the marriage, inheritances, and gifts — goes into the marital estate for division. The court then divides the marital estate equally unless a spouse rebuts the presumption that an equal division is just and reasonable under IC 31-15-7-5.

The statutory factors that can rebut the equal-division presumption include: each spouse's contribution to acquisition (including as homemaker), the extent to which property was acquired before marriage or through inheritance/gift, the economic circumstances of each spouse at the time of disposition (including the desirability of awarding the family home to the custodial parent), the conduct of the parties during the marriage as related to dissipation, and each spouse's earnings or earning ability.

Custody — the starting framework

Indiana has no statutory presumption in favor of joint or sole custody. The court decides based on the best interest of the child, applying the factors in IC 31-17-2-8: the age and sex of the child, the wishes of the parents, the wishes of the child (with more weight if 14 or older), the interaction and interrelationships of the child with each parent and siblings, the child's adjustment to home, school, and community, mental and physical health of all parties, evidence of domestic violence, and evidence of any de facto custodian in the child's life.

The statute uses legal custody (decision-making — education, healthcare, religious upbringing) and physical custody (where the child lives), each of which can be joint or sole. Joint legal custody with primary physical custody to one parent is the most common outcome. Indiana courts often follow the Indiana Parenting Time Guidelines as the default schedule when the parents can't agree on a specific plan.

Filing fees and fee waivers

Filing fees in Indiana are largely standardized by statute. The base filing fee for a dissolution petition is approximately $157 in most counties; some counties add small surcharges. Service of process adds another $25–$50.

If you can't afford the fees, Indiana lets you proceed without prepayment of fees under IC 33-37-3-2 — sometimes called proceeding in forma pauperis. You file a petition showing your indigency (typically by reference to federal poverty guidelines or receipt of public benefits). If granted, the court waives or defers the filing fees and certain other court costs.

What this page can't tell you

Indiana's county-level practice varies:

• Whether your county uses commissioners or magistrates for most pretrial matters.
• Local rules on mediation of contested matters (some counties require it; others don't).
• Whether your county's local rules adopt the Indiana Parenting Time Guidelines verbatim or modify them.
• Local case-management and discovery scheduling.

The Indiana Courts (courts.in.gov) site hosts statewide resources and forms. Your county's Clerk of the Circuit Court is the authoritative source for local rules and fee schedules. For anything strategic — especially around the one-pot rule, spousal maintenance (Indiana's narrow form of alimony), or contested custody — talk to an Indiana family-law attorney.

Statutes referenced

• Residency — IC 31-15-2-6
• 60-day waiting period — IC 31-15-2-10
• One-pot rule & equal-division presumption — IC 31-15-7-4
• Custody — best-interest factors — IC 31-17-2-8
• Fee waiver — IC 33-37-3-2

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.