2025 Divorce Filing Checklist for Indiana

Filing for dissolution of marriage (divorce) in Indiana requires 6-month state residency, 3-month county residency, and a mandatory 60-day waiting period before finalization. Understanding the divorce process from start to finish helps as you navigate Indiana's Circuit or Superior Court filing process, summary dissolution option, verified petition requirements, and 2025 costs.

Step 1: Confirm Indiana Residency and Venue Requirements

Indiana has specific residency requirements under IC 31-15-2-6. Before filing, verify:

• 6-Month State Residency: At least one spouse must have been a resident of Indiana (or stationed at a U.S. military installation in Indiana) for the previous six months
• 3-Month County Residency: That same spouse must have been a resident of the county where you file (or stationed there) for the previous three months
• Military Exception: Active-duty military stationed in Indiana may file even if they don't meet traditional residency rules, provided they meet the time requirements while stationed

Unlike some states, Indiana does not require both spouses to be residents—only one must meet these requirements. File your petition in the Circuit or Superior Court of the county that satisfies the 3-month county residency rule.

Step 2: Understand Indiana's No-Fault Dissolution Process

Indiana primarily uses no-fault divorce grounds. Under IC 31-15-2-3, the most common ground is irretrievable breakdown of the marriage, which requires no proof of wrongdoing by either party.

Indiana also recognizes limited fault grounds (felony conviction after marriage, impotence existing at marriage, or incurable insanity for at least two years), but these are rarely used. Most filers cite irretrievable breakdown for a straightforward, no-blame dissolution.

Indiana uses the term "dissolution of marriage" rather than "divorce" in legal documents, though both terms are interchangeable in practice.

Step 3: Gather Required Forms and Documents

To start your case, you'll file a Verified Petition for Dissolution of Marriage. Required petition contents under IC 31-15-2-5 include:

• Each party's residence and length of residence
• Date of marriage and date of separation
• Information about minor or disabled children (including whether wife is pregnant)
• Grounds for dissolution (typically irretrievable breakdown)
• Relief requested (property division, custody, support, etc.)
• Whether either party is a lifetime sex or violent offender

Indiana's Coalition for Court Access provides free, court-approved self-help packets through IndianaLegalHelp.org. These packets include all necessary forms: Appearance, Civil Appearance (confidential), Verified Petition, Summons, Provisional Order forms, Verified Waiver of Final Hearing, and Settlement/Decree templates. The "Divorce With Children—When Spouses Agree" packet was updated in October 2024.

You'll also need supporting financial documents: pay stubs, tax returns (last 3 years), bank statements, investment/retirement account statements, mortgage/loan documents, vehicle titles, and insurance policies.

Step 4: File Your Petition with the Circuit or Superior Court

File your completed forms with the Clerk's office of the Circuit or Superior Court in the county meeting the 3-month residency requirement. As of 2025, expect to pay a $177 filing fee across most Indiana counties. This fee is consistent statewide based on IC 33-37-4-4.

Additional costs may include:

• Sheriff Service: Approximately $28 if you request the sheriff to serve your spouse
• Certified Mail: Varies by county if you choose certified mail service
• Process Server: Fees vary if using a private process server

E-Filing Option: Attorneys must e-file, but self-represented litigants (pro se filers) may choose to e-file or file in person. Indiana courts encourage e-filing for efficiency. Check the Indiana e-filing schedule for county-specific information.

If you cannot afford the filing fee, request a fee waiver by filing an Affidavit of Indigency. The court will review your financial situation to determine eligibility.

Step 5: Serve Your Spouse and the 60-Day Waiting Period

After filing, you must serve your spouse with a copy of the petition and summons. Indiana allows service by:

• Certified or Registered Mail: With return receipt, sent to spouse's residence or business
• Personal Service: By sheriff or private process server
• Copy Service Plus Mail: Leaving papers at spouse's dwelling and then mailing a copy
• Service by Publication: If you cannot locate your spouse after diligent search, courts may allow three publications with 7-14 days between each (Trial Rule 4.13)

Waiver of Service: In agreed cases, your spouse can sign a Waiver of Service form (included in the IndianaLegalHelp packets), which eliminates the need for formal service.

Once filed, Indiana's mandatory 60-day waiting period begins. Under Trial Rule 6(F), no case may be tried or heard before 60 days from the filing date (or first publication for nonresidents). This "cooling-off period" applies to all dissolutions, regardless of whether the case is contested or uncontested.

Step 6: Choose Summary Dissolution or Full Hearing Process

Indiana offers two pathways to finalize your dissolution:

• Summary Dissolution Decree (Uncontested): Under IC 31-15-2-13, if both parties sign verified pleadings, waive the final hearing, and either state there are no contested issues or file a written settlement agreement, the court may enter a summary dissolution decree without a hearing. This can happen as soon as day 61, though court processing times vary by county.
• Full Hearing Process (Contested): If any issues are in dispute (property, custody, support, maintenance), the case proceeds through provisional orders, discovery, mediation, and a final evidentiary hearing (trial). The hearing cannot occur before day 60. Contested cases typically take 6-12+ months depending on complexity and local court backlogs.

If you have minor children, you'll need to complete and file a Child Support Obligation Worksheet (CSOW) as required by Indiana's Child Support Guidelines (updated May 14, 2024). Indiana provides an online child support calculator and guideline forms.

Step 7: Finalize Your Dissolution After 60 Days

Once 60 days have passed and all issues are resolved:

• For Uncontested Cases: File your Verified Waiver of Final Hearing and agreed Decree of Dissolution with all required attachments (settlement agreement, CSOW if applicable, proposed parenting plan). The judge will review and, if acceptable, sign the decree without requiring a court appearance.
• For Contested Cases: Attend your final hearing where a judge will hear evidence and testimony, then issue a decree resolving all disputed matters. The decree becomes effective when entered, subject to appeal.

Your Decree of Dissolution will address all marital issues: property division (Indiana uses a "one-pot" approach with a presumption of equal division under IC 31-15-7-4), custody and parenting time, child support, and spousal maintenance if applicable.

Important Note on Maintenance: Indiana does not have open-ended alimony. Maintenance is limited to incapacity maintenance, caregiver maintenance (for special needs child), or rehabilitative maintenance capped at three years under IC 31-15-7-2.

Estimate Your Indiana Dissolution Costs

Beyond the $177 filing fee, dissolution costs vary based on complexity, attorney fees (typically $200-$400/hour in Indiana), mediation costs, and whether you need expert witnesses or custody evaluators. Use this calculator to estimate your total costs:

Going through the Indiana divorce process is easier with a divorce planning service that provides step-by-step guidance and financial insights.