Divorce is more than an emotional journey—it’s a legal process governed by specific steps, timelines, and statutes in Indiana. If you’re contemplating or already navigating divorce in Indianapolis or Central Indiana, this guide offers a step-by-step walkthrough of the process. You’ll learn what to expect, key terminology, timelines, costs, and how to protect your rights.
1. Indiana’s No‑Fault Divorce & Grounds for Filing
Indiana is primarily a no-fault divorce state. That means you don’t need to prove wrongdoing like infidelity or abuse to file. Instead, the most common ground is an “irretrievable breakdown of the marriage”.
Still, the state allows fault-based filings under certain conditions, such as felony conviction, impotence, or incurable insanity lasting two years. Yet, nearly all cases use the no-fault route for simplicity and efficiency.
2. Filing Requirements: Who, Where & When
A. Residency
To file in Indiana:
- At least one spouse must have lived in Indiana for a minimum of six months.
- That spouse must also have lived three months in the filing county.
B. Location
You file the Petition for Dissolution of Marriage in the county courthouse where you or your spouse has resided for those three months.
C. Forms
Filing includes:
- Petition for Dissolution
- Summons
- Appearance form
- Financial Declaration
- Child Support Worksheet (if children involved)
Mandatory filing fees vary by county—typically $150–$200, plus costs for serving your spouse.
3. Serving the Petition
After filing, the petition must be served to your spouse. This can be done via:
- Sheriff or certified mail
- Private process server
- In rare cases, publication in a local newspaper if your spouse cannot be located
Once served, your spouse has approximately 20–30 days to respond
4. Response, Counterclaims & Temporary Orders
- Uncontested case: If your spouse doesn’t respond within 30 days or agrees to the terms, the case proceeds without dispute.
- Contested case: If they file a response or counterclaim, you enter formal litigation.
At this point, you may request temporary orders for issues such as:
- Child custody
- Spousal support
- Parenting time
- Exclusive possession of the marital home
5. The Mandatory 60‑Day Waiting Period
Indiana law mandates a 60-day cooling-off period before a divorce can be finalized—starting from the date of filing.
Even in uncontested cases, you cannot finalize the divorce before day 61. This period allows for reflection, negotiation, or reconciliation efforts.
6. Negotiation, Discovery & Mediation
A. Discovery
If the divorce is contested, discovery begins. This process involves exchanging legal disclosure of:
- Financial documents
- Asset inventory
- Parenting schedules
- Anything else relevant
B. Negotiation & Mediation
Most Indiana divorces are resolved through:
- Direct negotiation between spouses
- Mediation with a neutral third-party mediator
It can be:
- Faster
- Less expensive
- More amicable
than going to court.
C. Provisional Hearing
If urgent matters (like child support or custody) need interim orders, you can request a provisional hearing during the process .
7. Court Hearings & Trial
A. Final Hearing
If mediation fails, a final hearing (trial) occurs. Each spouse presents their case—through testimony, evidence, and legal argument.
B. Trial Timeline
Contested cases can take several months to a year or more, based on court availability, complexity, and dispute levels. Uncontested cases can finalize shortly after the mandatory 60‑day period.
8. Final Decree of Dissolution
Once settled or decided at trial—and at least 60 days have passed—the court issues the Final Decree of Dissolution. This decree legally ends your marriage and addresses:
- Child custody & parenting time
- Child support
- Spousal support
- Property division
- Other related matters
9. Post‑Decree & Modifications
After finalization, changes might be needed:
- Child custody/support modifications: Based on changed circumstances
- Spousal support adjustment: If incomes or needs change
- Property adjustments: If issues arise in valuation or execution
10. Divorce Timeline Snapshot
| Case Type | Timeline to Finalization |
|---|---|
| Uncontested | ~60–90 days |
| Contested–Moderate | 6–12 months |
| Contested–Complex | 12+ months depending on issues |
11. Other Key Considerations
A. Cost
Legal fees vary widely:
- Flat fees possible for uncontested cases
- Hourly rates typically $200–$400+ per hour
- Retainers, filing fees, discovery, mediation, and expert costs add up
B. Child Custody & Support
Decisions revolve around the child’s “best interests,” factoring in:
- Moral fitness of each parent
- Parental involvement
- Home environment
- Child’s relationship with each parent
C. Equitable Distribution
Indiana uses equitable distribution, not community-property. Courts aim for a fair—not always equal—division of marital property.
D. Name Changes
You may restore a prior name by including that request in your initial petition.
E. Appellations & Military
Military members get special considerations under SCRA for service-related absences .
12. Preparing Emotionally & Logistically
- Organize finances: Track assets, incomes, debts before filing (brides.com).
- Private accounts: Open separate bank and credit card accounts to establish independent finances (brides.com).
- Support system: Aim for counseling, mediation, or collaborative divorce for emotional support .
- Children first: Engage in parenting classes like Marion County’s COPE program to fulfill legal requirements..
13. Tips for Indianapolis & Central Indiana
- Hire a local family-law attorney who knows Marion County court practices.
- Understand that local dockets may have longer wait times—plan accordingly.
- Consider mediation, even in contested cases, to control cost and outcome.
- Keep detailed financial records and be transparent.
- Maintain a child-first mindset—courts place a high value on stability and cooperation.
Conclusion: What to Expect
- File the Petition with required forms and fees
- Serve the other spouse (20–30 days response window)
- Mandatory 60-day waiting period
- Temporary orders & discovery, if contested
- Mediation or negotiation attempts
- Final hearing if needed
- Final Decree issued
- Post-decree modifications as necessary
From start to finish, even an uncontested divorce takes at least 60 days; contested cases can extend well beyond a year depending on complexity.
Final Takeaway
- Indiana is a no-fault divorce state, requiring a 60-day wait.
- Residency & county filing rules apply.
- Property, support, and custody are decided fairly—not necessarily equally.
- Mediation and negotiation can save time, money, and emotional stress.
- Experienced legal guidance is crucial to protect your rights and your future.
If you’re navigating divorce in Indianapolis or anywhere in Central Indiana, consider speaking with one of our experienced divorce attorneys. We can guide you through each step efficiently, provide strategic advice, and help you achieve the best possible outcome for you and your family.
