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Indiana Divorce Petition

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Introduction

In Indiana, the Petition for Dissolution of Marriage is the court document a spouse files to ask a judge to legally end a marriage, and state law names the case a 'dissolution of marriage' rather than a divorce, treating it as open the moment that petition reaches the clerk. Filing is rarely the first step, though: one spouse must have lived in Indiana, or been stationed at a U.S. military installation within the state, for 6 months, and lived in the county of filing for 3 months, immediately before filing (Ind. Code § 31-15-2-6). Most petitions proceed on the no-fault ground of irretrievable breakdown of the marriage (Ind. Code § 31-15-2-3), and no matter how cooperative the spouses are, Indiana law bars any final decree until at least 60 days after filing (Ind. Code § 31-15-2-10).

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Key Things to Know

  1. 1

    Definition: Indiana files this case under the name Petition for Dissolution of Marriage, the formal pleading one spouse submits to ask a court to end a marriage. The proceeding itself is called a 'dissolution of marriage,' not a divorce, and it begins the moment you file that document.

  2. 2

    Residency: One party must have lived in Indiana, or been stationed at a U.S. military installation within the state, for 6 months, and lived in the county of filing for 3 months, immediately before filing (Ind. Code § 31-15-2-6). Both clocks must be satisfied before the court can proceed.

  3. 3

    Waiting period: A firm 60-day floor applies. No final dissolution decree may be entered until at least 60 days after the petition is filed (Ind. Code § 31-15-2-10). Even an uncontested case with a signed settlement cannot finalize sooner.

  4. 4

    Grounds: Indiana is no-fault plus limited fault. Most petitions rest on 'irretrievable breakdown of the marriage,' while conviction of a felony after the marriage, impotence existing at the time of the marriage, and incurable insanity of at least 2 years' duration remain available fault grounds (Ind. Code § 31-15-2-3).

  5. 5

    Property: Indiana uses equitable distribution under a 'one-pot' theory that pools all property, whether separate or marital and whether acquired before or during the marriage, then applies a rebuttable presumption that an equal 50/50 division is just and reasonable (Ind. Code §§ 31-15-7-4 and 31-15-7-5).

  6. 6

    Forms and court: You open the case with a Petition for Dissolution of Marriage filed together with a Summons, and the spouses are titled Petitioner and Respondent, not plaintiff and defendant. You file in the Circuit Court or Superior Court of the county with jurisdiction over dissolution matters. Indiana requires no period of living separate and apart before filing.

  7. 7

    Fee: Filing costs approximately $157, though counties set their own charges and the figure generally falls between $132 and $180. Low-income filers can ask the court to waive the fee.

Key decisions before you file

Before you file a Divorce Petition in Indiana, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Dissolution of Marriage in Indiana

Indiana does not use the word "divorce" in its statutes. The proceeding is a dissolution of marriage, and the spouses are named the Petitioner and the Respondent. Before either spouse can file, the residency test of Ind. Code § 31-15-2-6 must be met: one party must have lived in Indiana, or been stationed at a U.S. military installation within the state, for 6 months, and lived in the county of filing for 3 months, in each case immediately before the filing. Missing either clock leaves the court without authority to proceed.

Where and how you file

The divorce petition is titled the Petition for Dissolution of Marriage, and it travels with a Summons. You file it in the Circuit Court or Superior Court of the county that holds jurisdiction over dissolution matters, where you meet the residency requirement. Filing fees run about $157, though counties set their own charges and the figure generally falls between $132 and $180. Indiana imposes no separation requirement, so the parties need not live apart for any period first. The case can begin the day the decision is made.

Grounds and the 60-day clock

Indiana is a no-fault state with a narrow fault option. Most petitions rest on the no-fault ground of irretrievable breakdown of the marriage under Ind. Code § 31-15-2-3. The same statute preserves three fault grounds: conviction of a felony after the marriage, impotence existing at the time of the marriage, and incurable insanity of at least 2 years' duration. These grounds carry extra proof burdens, so most filers avoid them.

Once you file the petition, the statutory waiting period starts. Under Ind. Code § 31-15-2-10, no final dissolution decree may be entered until at least 60 days after the petition is filed. That 60-day floor is mandatory. Even an uncontested case with a signed settlement cannot finalize sooner.

Dividing the marital estate

Indiana follows equitable distribution built on a distinctive "one-pot" theory. All property either spouse owns, whether acquired before or during the marriage and whether separate or joint, goes into a single marital pot. Ind. Code §§ 31-15-7-4 and 31-15-7-5 then apply a rebuttable presumption that an equal, 50/50 division is just and reasonable. A spouse who wants a different split carries the burden of rebutting that presumption with evidence, such as each party's contributions, economic circumstances, or the source of a specific asset.

Putting it together

For an Indiana filer, names and numbers define the path: 6-month state and 3-month county residency, a Petition for Dissolution of Marriage and Summons, a filing in Circuit or Superior Court, a fee near $157, an irretrievable-breakdown ground, a firm 60-day wait, and a one-pot estate presumed to divide equally. Learning each rule before you draft keeps the dissolution moving and helps you avoid a procedural stall.

Indiana Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One of the parties must have been a resident of Indiana (or stationed at a U.S. military installation within the state) for 6 months, and a resident of the county....

Residency (County)

Must file in the correct county Circuit Court or Superior.

Grounds for Divorce

Must properly plead grounds: No-fault plus limited fault. The primary no-fault ground is 'irretrievable breakdown of the marriage.' Fault grounds also available: conviction of a felony after the marriage, impotence existing at the time....

Waiting Period

Mandatory waiting period: 60 days. No final dissolution decree may be entered until at least 60 days after the petition is filed (Ind.....

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage and Summons..

Property Division

Property is divided according to: Equitable distribution. Indiana uses a 'one-pot' theory with a rebuttable presumption that an equal (50/50)... laws.

Filing Fee

Filing fee is typically Approximately $157 (varies by county, generally about $132,$180). unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

In Indiana, a divorce petition is the written pleading one spouse files to ask a court to legally end a marriage. State law titles it the Petition for Dissolution of Marriage, and filing it, along with a Summons, opens the case and names you the Petitioner and your spouse the Respondent.

There is no practical difference. Indiana statutes do not use the word 'divorce.' The legal proceeding is called a 'dissolution of marriage,' and the document that starts it is the Petition for Dissolution of Marriage. When Hoosiers say 'divorce petition,' they mean this dissolution filing.

One of the parties must have been a resident of Indiana, or stationed at a U.S. military installation within the state, for 6 months, and a resident of the county of filing for 3 months, immediately before filing (Ind. Code § 31-15-2-6). You must satisfy both requirements.

Indiana is no-fault plus limited fault. The primary no-fault ground is 'irretrievable breakdown of the marriage.' Fault grounds are also available: conviction of a felony after the marriage, impotence existing at the time of the marriage, and incurable insanity of at least 2 years' duration (Ind. Code § 31-15-2-3).

Indiana sets a mandatory 60-day waiting period. No final dissolution decree may be entered until at least 60 days after the petition is filed (Ind. Code § 31-15-2-10). Indiana requires no separation period before filing, so this clock starts the day you file.

The filing fee is approximately $157, and it varies by county, generally falling between about $132 and $180. Low-income filers can ask the court to waive the fee.

Indiana follows equitable distribution using a 'one-pot' theory that pools all property, separate or marital, into a single marital estate. Ind. Code §§ 31-15-7-4 and 31-15-7-5 apply a rebuttable presumption that an equal 50/50 division is just and reasonable, and a spouse seeking a different split must rebut it with evidence.

Yes. Once you properly serve the Respondent with the Petition for Dissolution of Marriage and Summons, the court can grant a default judgment if your spouse refuses to respond or participate.