Indiana's Residency Requirements

Either spouse must have been an Indiana resident for 6 months, as well as a Indiana resident of the county for 3 months, before filing the divorce papers.

Indiana's Grounds for Divorce

Indiana residents may file for divorce under fault or no-fault grounds.

Indiana's no-fault grounds is:

• irretrievable breakdown of the marriage

Indiana's no-fault grounds include:

• conviction of a felony
• impotence during the marriage
• incurable insanity for 2 years or more

Indiana's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Indiana court will make a ruling.

Indiana courts consider factors such as:

• wishes of the child
• each parent's mental and physical health
• the child's adjustment to the community, school, and home

Indiana's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Indiana courts consider factors such as:

• the standard of living experienced by the child during the marriage
• each parent's financial resources
• the physical and emotional needs of the child

Indiana's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Indiana courts will consider factors such as:

• duration of the marriage
• whether a spouse's education or career was interrupted by child care or homemaking responsibilities
• each spouse's earning capacity, including education level, work experience, and marketable skills

Indiana's Property Division Guidelines

Indiana has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Indiana courts will consider factors such as:

• whether a spouse contributed to the property, including acquisition and upkeep
• each spouse's financial situation after divorce
• custodial arrangements
• each spouse's earning capacity and financial resources

Indiana's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's Indiana county of residence.

The divorce forms may also be filed in the last Indiana county the spouses last resided.