Divorce Laws in Indiana ([year] Guide) | Survive Divorce (2022)

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (1)

Even if you hire an attorney to represent you in a Indiana divorce, it’s critical for you to have a basic understanding of divorce laws.

By getting educated, you can take a proactive role in protecting yourself. As an added benefit, you’ll also keep your legal fees down.

Here’s what you need to know:

  • Support Issues
  • Custody and Visitation
  • Process
  • Other Issues

Equitable Distribution & Asset Division

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (2)

Marital Property and Division of Assets in Indiana

Indiana is an equitable distribution state which means assetsare divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce.

Indiana is only one of a handful of states that divide property acquired before marriage. Spouses need to execute a pre-nuptial agreement prior to marriage to ensure property is kept separate.

Property division is governed by several factors that are to be considered when dividing assets. These factors include:

  • the contribution of each spouse to the acquisition of property, regardless of whether the contribution was income producing
  • the extent to which the property was acquired by each spouse before marriage or through inheritance or gift
  • the economic circumstances of each spouse at the time of the disposition of the property, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the Court considers just to a spouse having custody of any children
  • the conduct of the parties during the marriage as related to disposition or dissipation of their property
  • the earnings or earning ability of the parties related to a final division of property and final determination of property rights of the parties

Businesses are also considered marital property, but may be difficult to divide, although still subject to equitable distribution. In cases such as this, it may be possible to award the business to the spouse who is more involved in the business and make up the difference with other marital property going to the other spouse. The same principle holds true for retirement assets.

Debts

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There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.

Judges do have leeway to deviate from a straight split if circumstances warrant it.

Gifts

Gifts given to only one spouse in Indiana are considered separate property. A spouse must be able to prove that the gift was given only to them. In cases where gifts are commingled, they may become marital assets. Courts will have a certain amount of discretion to determine if a gift is a separate or a marital asset in these situations.

Inherited Property

Property inherited by one spouse in Indiana during a marriage is separate and not considered marital property.

(Video) What Should You Do Before Filing for Divorce in Indiana?

As is the case with gifts, if an inheritance is commingled with marital assets, it may become a marital asset as well. It is best to keep detailed records regarding inheritances and to keep those assets separate when possible. You may also protect an inheritance by having your spouse sign a postnuptial agreement whereby he or she agrees that the inheritance is yours, no matter how it is used in the marriage.

Pensions, IRAs, 401Ks and Retirement Plans

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (4)

All pensions, IRAs, 401Ks and retirement plans are treated as marital property in Indiana and subject to equitable distribution laws.

It may be possible to keep the entire amount of your pension is exchange for giving up the rights to other high-value assets, such as a home. You need to consider that an equitable distribution may not always result in a 50-50 split.

Legally splitting pensions and other retirement funds is a multiple step process. After the divorce decree or dissolution of marriage has been issued, an attorney or a specialized firm must create a qualified domestic relations order, more commonly referred to as a QDRO.

The QDRO must be approved by the courts and then it can be submitted to the plan administrator who must also approve it. This establishes that a spouse can be considered an alternate payee, and the retirement vehicle is then divided according to the specifics contained in the QDRO.

Want to get a QDRO online? We’ve got you covered! We highly recommend you look at QDRO Counsel to facilitate drafting your QDRO online.

Check Out QDRO Counsel

Separate Property in Indiana

Indiana is an all property state, and this means marital property that is owned or acquired before or during a marriage is considered marital property. To keep an asset separate, the spouses will need to execute a pre-nuptial agreement prior to their marriage

Support Issues

Spousal Maintenance in Indiana

There are several factors that will determine if spousal maintenance (alimony) in Indiana should be awarded or not. Spousal maintenance may be awarded for a set period of time, or there may be rehabilitative maintenance that will be awarded, but not for a period of longer than three years from the date of the final decree.

Factors determining maintenance include:

  • The education level of each spouse
  • Whether or not the requesting spouse is physically and mentally able to support themselves
  • If the requesting spouse lacks sufficient assets to provide for his or her needs and whether or not he or she is the custodian of a child with mental or physical capacity that means the custodial parent must forgo employment
  • The earning capacity of each spouse, including education, training employment skills or work experience
  • Whether or not a career was interrupted during the marriage as a result of homemaking or child care responsibilities
  • The amount of time and expense that might be required to gain a sufficient education or job skills to find appropriate employment.

Child Support in Indiana

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (5)

(Video) Indiana Marital Settlement Agreement, EXPLAINED

Indiana uses the Income Shares Model for calculating child support. This formula uses weekly gross income of the parents and the number of children for which support is required. Deductions are made for child support paid to other children and maintenance paid to other spouses.

Courts consider relevant factors such as the overall financial resources of each parent, the standard of living the child would have enjoyed if the marriage had not ended, the physical and mental condition of the child and the financial resources and needs of the non-custodial parent.

Child support must also include provisions for medical support through health insurance coverage if available at a reasonable cost.

If a parent misses a child support payment, the other parent can file a violation with the courts. At a hearing, the court will decide if nonpayment was willful or nonwillful and then decide if a money judgment should be awarded.

Child support ends when the child turns 21 unless the child is emancipated before that time, the child is incapacitated in which case support could continue indefinitely.

Support can end at 18 if the child has not attended a secondary school or postsecondary educational institution for the prior four months, is not enrolled in either, and is capable of supporting his/herself through employment. Support may be modified instead of terminated if an 18 year old can only partially support his or herself.

Read: The Ultimate Guide to Child Support

Custody and Visitation

Child Custody in Indiana

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (6)

Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating circumstances that could endanger the child, such as domestic violence or drug abuse.

Courts consider several factors when determining child custody in Indiana. Some of these include:

  • The age and sex of the child
  • The wishes of the child’s parents
  • The desires of the child, with more weight given if he or she is at least 14 years of age
  • The relationship of the child with each parent, siblings, and any other person who may significantly affect the child’s best interests
  • The child’s adjustment to his/her home, school, and community
  • The mental and physical health of all individuals involved

If you’re on the hunt for some help with co-parenting after a divorce, look no further! Our Family Wizard specially designed to create a structured parenting plan after divorce. With tools that help with scheduling, communication, and much more, Our Family Wizard is our #1 choice for co-parenting help!

Substance Abuse

By itself, substance abuse is not considered one of the grounds for divorce in Indiana. However, if the use of drugs or alcohol is present in a marriage it could impact parts of the divorce settlement. Specifically, any drug use that negatively impacts children or a parent’s ability to care for children will lessen the possibility of gaining custody.

Courts may still allow visitation with restrictions, such as supervised visits only or drugs screening prior to seeing the children.

Substance abuse should be documented if it could impact a divorce settlement. This can be done by testing, testimony from family members or from representatives of social services agencies, or other witnesses who can provide first-hand information and insights.

(Video) How to File for Divorce in Indiana

Process

Bifurcation of marital status

Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. These issues are set aside and decided separately at a later date.

Bifurcation of marital status is allowed in Indiana, but state law requires that both parties file a joint motion to bifurcate a marriage.

Bifurcation does have advantages, but couples may want to consider the cost and emotional implications of going through two court proceedings instead of one.

Disclosing Assets

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (7)

As part of the divorce process, both spouses must provide financial disclosures. This includes, assets, income and debts. This is so equitable distribution can take place in an appropriate way. Any attempt to hide assets could result in serious repercussions.

If one spouse suspects that the other is not forthcoming, there are legal remedies to compel the disclosure of assets to ensure a spouse receives the information to which they are legally entitled.

Learn More:How to Find Hidden Assets in a Divorce

Spouse’s Default

When a spouse files a petition for divorce in Indiana and the other spouse cannot be found or does not respond in a timely manner, the court can grant a divorce through a default judgment. A petitioner must conduct a good faith effort to prove that he or she has made a diligent effort to find or contact a spouse. The court will require these efforts to be documented.

If a spouse does not respond, they forfeit their right to contest any terms of the divorce, including important issues such as child custody, support, alimony and a division of assets and debts.

Other Issues

Domestic Violence

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (8)

Domestic violence in Indiana can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. It can play a factor in a divorce, but those actions are secondary to the immediate safety concerns of a spouse or children who may be in immediate danger.

When domestic violence is present in a marriage, a victim can seek immediate relief by requesting a Petition for Order of Protection and filing with a local court. A judge will be able to issue a temporary protection order that will last for 30 days until a full hearing can take place.

At that time a full protection order can be issued that will last for two years. It will evict the abuser from your residence, give you custody of any children, provide for supervised visitation, order support payments, and more.

(Video) How do Indiana courts split up property in a divorce?

When domestic violence is present, it will impact custody decisions and could result in the abuser having limited or no visitation privileges.

Health Insurance

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (9)

Indiana courts generally require that both parties maintain status quo when it comes to health insurance during a divorce. However, after a divorce is granted, this does not mean that health insurance is required to continue. In fact, most employers will not carry an ex-spouse after a divorce as a matter of policy.

If a child is covered by a spouse’s health insurance plan prior to the initiation of a divorce proceeding, the parent who holds the plan cannot cancel the policy while the divorce is still pending either. In fact, if it is reasonable, a parent will be required to carry health insurance for their children following a divorce as part of the settlement.

A spouse can also apply for COBRA benefits which is a law that protects people from losing health coverage during major life transitions. It allows a person to continue with their spouse’s current coverage for up to three years as long as they pay the full premium amount which can be very expensive without an employer underwriting part of the costs.

Infidelity and Adultery

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (10)

Infidelity and adultery take place when a spouse has sex voluntarily with someone other than their spouse while they are still married. In Indiana, this is not considered one of the grounds that can be used in a fault-based divorce. It will not have a bearing on whether a court decides to grant a divorce or not.

However, adultery may have an impact on whether or not to award alimony. Judges are allowed to consider marital misconduct as a factor when making decisions about alimony.

Military Divorces in Indiana

Divorce Laws in Indiana ([year] Guide) | Survive Divorce (11)

Many of the same rules apply to military divorces as they do to civilian divorces in Indiana. The key for many military members is Indiana’s residency requirement, which can be a bit of a challenge due to ongoing redeployments.

A service member must be able to demonstrate that they or their spouse have lived in Indiana or been stationed in the state for at least six months and have lived for at least three months in the county where they intend to file.

Once paperwork has been filed to begin a divorce, copies must be served on a spouse to give him or her a chance to respond. When that spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments.

The Servicemembers Civil Relief Act eases many legal and financial burdens of military personnel and their families who face the added challenges of active duty. A service member may choose to waive delaying the divorce by signing off on paperwork which will then allow the divorce to proceed uncontested.

In addition to Indiana property division laws, the federal government also protects military personnel through the Uniformed Services Former Spouses Protection Act that governs how military benefits are calculated when a divorce takes place. Federal laws will not allow a military members retirement to be distributed to a spouse unless the couple has been married for 10 years or more while the service member was on active duty.

(Video) How Much Does A Divorce Cost In Indiana?

The U.S. government will not recognize a division of a military pension if those terms are not met, but what may happen is that courts will assign other assets to a spouse that has an equal value to what the military pension may be worth.

Child support and spousal support are determined by state guidelines, but federal law dictates that child and spousal support awards may not exceed 60% of a service-members pay and allowances if they are single.

Looking for more advice about divorce? Here are a few of our favorite resources:

  • 101 Financial Pitfalls of Divorce
  • What is a Certified Divorce Financial Analyst? (and why you need one)
  • How to Protect and Rebuild Your Credit in a Divorce
  • How to Value the House and Split Home Equity in a Divorce

FAQs

Do you have to be separated for a year to get a divorce in Indiana? ›

Indiana divorce law requires a separation period of 60 days before a divorce can be finalized. The couple does not need to be separated prior to filing for divorce, but the court does require this waiting period before the divorce can be finalized.

Are divorce laws changing in 2022? ›

The changes are the biggest shake-up of divorce laws for 50 years and it means that from 6th April 2022: married and civil partnership couples can obtain a divorce without having to blame the other party. Decree Nisi is no more – the 'Conditional Order' is new. Decree Absolut is no more – the 'Final Order' is new.

What are the only grounds for divorce accepted by the court in Indiana? ›

The acceptable fault-based grounds for divorce include: conviction of a felony. impotency existing at the time of the marriage, and. incurable insanity of either party for a period of at least 2 years.

How long do you have to be married to get half of everything in Indiana? ›

There is no statutory definition for a “long” marriage in Indiana that would entitle a person to a “full” share of assets in a divorce. In theory, the same rules apply to a marriage which lasts one day and one which lasts 40 years.

Does infidelity affect divorce in Indiana? ›

Adultery Laws in Indiana

Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.

What is considered spousal abandonment in Indiana? ›

Abandonment; forfeiture of rights to estate or trust. Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust.

What is no fault divorce April 2022? ›

On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 comes into force, and this will enable anyone seeking a divorce or dissolution of a civil partnership, to petition without having to apportion blame on their spouse.

What is divorce dissolution and separation 2022? ›

Divorce, Dissolution and Separation Act will be officially introduced April 6th 2022. The Government have made an announcement that the Divorce, Dissolution and Separation Act 2020 will come into force on April 6th 2022. The purpose of this Act is to allow for married couples to divorce without assigning blame.

What are the five grounds for divorce? ›

What were the grounds for divorce?
  • Adultery.
  • Unreasonable behaviour.
  • Desertion.
  • Two years of separation with consent.
  • Five years of separation without consent.
12 Jul 2021

What does a judge consider in a divorce? ›

The judge considers factors specified in the state statute, such as the earning capacity, work history, age and health of both spouses in order to determine whether spousal support should be awarded and in what amount.

Can you refuse a divorce? ›

In a nutshell, no, your spouse cannot prevent a divorce proceeding. If they refuse to cooperate, it will be necessary for you take some additional steps, such as using a court bailiff or a process server.

Can a divorce be denied in Indiana? ›

Although you likely needed to provide grounds for seeking a marriage dissolution when you filed your divorce petition in family court, a request will never be denied solely on the grounds that one spouse doesn't want to get a divorce.

What happens to 401k in divorce Indiana? ›

If the spouses agree or the judge orders that part of a 401(k) or other workplace retirement plan be split up, a qualified domestic relations order (QDRO) will be issued by the court for the plan administrators.

How is money split in a divorce in Indiana? ›

There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.

Can you date while going through a divorce in Indiana? ›

Divorce Law Does Not Prohibit Anyone From Dating

You should know first that, legally speaking, you are permitted to date during a divorce. To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.

Can you sue your spouse for cheating in Indiana? ›

In fact, it's legal in six states — not including Indiana — to sue the person who allegedly destroyed your marriage. INDIANAPOLIS (WTHR) — When couple's say "I do," you assume there's likely not a lawsuit coming later in the marriage.

Is Indiana an alimony state? ›

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.

Who gets the house in an Indiana divorce? ›

How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn't mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.

What is emotional abandonment in a marriage? ›

What we're talking about here is emotional abandonment. Instead of physically leaving the relationship, your spouse simply checks out emotionally. They stop investing in the marriage, leaving you feeling disconnected and unwanted.

What is desertion marriage? ›

Whether you call it marital abandonment or desertion, both are a result of one spouse leaving the marriage without communicating with the other and without the intent of coming back.

Does it matter who files for divorce first in Indiana? ›

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.

Do you have to give reason for divorce? ›

You don't need to give a reason to get a divorce or dissolution - this is sometimes called 'no fault'. You can only get a divorce or dissolution after you've been married or in your civil partnership for at least 1 year. If it's been under 1 year you can find out how to separate from your partner.

Can you contest a no fault divorce? ›

No, a no fault divorce cannot be contested, except in extremely limited circumstances which the court feels compelled to investigate further.

How long does new divorce take? ›

Step 4 – Application for Final Order

This order legally ends your marriage and enables you to remarry. Overall, taking into account the mandatory waiting periods of 20-weeks and 6-weeks, you should expect your divorce to complete within 6-7 months.

Can you change grounds divorce after filing? ›

Should it be necessary, you can change the grounds on which you have applied for a divorce by filing what is known as an amended petition. In order to do this, you will need a copy of your original petition.

What is a conditional order divorce? ›

A conditional order and decree nisi are documents that say that the court does not see any reason why you cannot divorce.

How long does it take for a judge to grant a Decree Nisi 2022? ›

If an undefended divorce proceeds smoothly, decree nisi should be granted approximately 4-6 months from issue, with decree absolute granted 6 weeks after this.

What is the number 1 reason for divorce? ›

Overall, the results indicate that the most often cited reasons for divorce at the individual level were lack of commitment (75.0%), infidelity (59.6%), and too much conflict and arguing (57.7%), followed by marrying too young (45.1%), financial problems (36.7%), substance abuse (34.6%), and domestic violence (23.5%).

How do you prove irreconcilable differences? ›

Proving Irreconcilable Differences

Additionally, the couple must prove that their marriage is unable to be reconciled now, or at any point in the future. Lastly, the couple must show that the irreconcilable differences have lasted for at least six months.

Which of the following is not a ground for divorce? ›

irretrievable breakdown of marriage is not a ground for divorce.

What is a fair split in divorce? ›

The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.

What are reasonable needs in divorce? ›

Basic reasonable needs include provision for housing, furniture, a car and a budget for income requirements. It follows that the greater the parties' wealth, the greater their needs will be – as the case of Ms Estrada illustrates.

What are capital needs in a divorce? ›

Capital needs are most often for a home, furnishings and a car. Income needs is the amount of money each party requires to live on each month.

Does a husband have to support his wife during separation? ›

If you're in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

What if I want a divorce and my spouse doesn t? ›

If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.

What happens if spouse doesn't agree to divorce? ›

If your spouse fails to answer your petition of divorce by the deadline, or simply refuses to answer, you can request the judge grant your divorce by default. In a default judgment, the judge can grant the requests outlined in your divorce petition.

How Long Can a divorce be pending in Indiana? ›

Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

Does Indiana require marriage counseling before divorce? ›

No mandatory counseling exists in Indiana. 3. Sixty Day Waiting Period: Once a dissolution petition is filed, you must wait sixty (60) days before the divorce can be finalized.

How long does an uncontested divorce take in Indiana? ›

Once your paperwork is filed, you'll need to wait 60 days for your divorce to be finalized (Ind. Code §31-15-2-10 (2021)). Some couples are able to resolve some issues in their divorce, but not all of them.

How long do you have to be married to get pension in Indiana? ›

Aside from divorce law, longer marriages may entitle a spouse to additional benefits. A marriage lasting 10 years or more will entitle a spouse to draw on their spouse's social security benefits.

Can ex wife claim my pension years after divorce? ›

It is crucial that you take into account the division of your pension or other retirement funds as part of a divorce. Your ex-wife or husband may be able to claim a portion of your pension years after you were divorced if you do not address the issue in your separation agreement.

How is alimony determined in Indiana? ›

The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Who pays attorney fees in divorce in Indiana? ›

Indiana follows the American rule in civil litigation, including an Indiana divorce. Under this rule, each party pays his or her own attorney's fees in the case. However, there are some instances in which a divorce court may order one party to pay part or all of the attorney's fees of the other party.

How much property wife gets after divorce? ›

The wife will be authorised to a 50% share of the husband's property, including his ancestral property. She also has the right to reside in the couple's marital home and to be provided for and maintained by her husband.

How does infidelity affect divorce in Indiana? ›

Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.

Is sleeping with someone while separated adultery? ›

Technically, adultery is defined as sexual contact between a married person and someone other than his or her spouse. And because a legal separation doesn't officially terminate a marriage, sex while separated could be a crime.

How long after divorce can you remarry in Indiana? ›

Divorce on the Grounds of Adultery
StatePost-Divorce Remarriage Waiting Period
IllinoisNone
IndianaNone
IowaNone
Kansas30 days unless waived in Decree
47 more rows

How long do you have to wait for a divorce in Indiana? ›

The divorce laws in Indiana require a minimum waiting period of sixty (60) days after the filing of the Petition for Dissolution of Marriage before the divorce can be granted by the Court.

How Long Can a divorce be pending in Indiana? ›

Even if you and your spouse are able to quickly come to terms, Indiana has a 60-day waiting period between the filing of the Petition for Dissolution of Marriage and the date on which the court can issue a Decree of Dissolution of Marriage.

Do you have to be legally separated in Indiana? ›

No. You can simply move out and live separately. However, if you want court orders on the marital property and debts or about the children, you should file for a legal separation.

What is the divorce process in Indiana? ›

In general, an Indiana divorce requires filing a formal request that asks the court to end the marriage; demonstrating to the court the assets, debts, child-related issues, and any other matters to be resolved; and finalizing those issues by agreement or by the court order after a trial.

Can you date while separated in Indiana? ›

To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.

Who pays attorney fees in divorce in Indiana? ›

Indiana follows the American rule in civil litigation, including an Indiana divorce. Under this rule, each party pays his or her own attorney's fees in the case. However, there are some instances in which a divorce court may order one party to pay part or all of the attorney's fees of the other party.

What is the fastest way to get a divorce in Indiana? ›

An uncontested divorce can be pretty quick if you meet Indiana's residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.

Can I get divorced without going to court? ›

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

Is Indiana an alimony state? ›

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.

How long from start to finish does a divorce take? ›

Step 4 – Application for Final Order

This order legally ends your marriage and enables you to remarry. Overall, taking into account the mandatory waiting periods of 20-weeks and 6-weeks, you should expect your divorce to complete within 6-7 months.

How does Indiana divide assets in divorce? ›

Indiana is a “one-pot” property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally. But this can be overcome and will not necessarily mean that the final division will be equal.

Does Indiana have no fault divorce? ›

What do you have to prove to get a divorce? Indiana has "no fault" divorce, which means you don't have to prove either spouse did anything wrong to get a divorce. (A divorce is sometimes called "dissolution of marriage"; both mean the same thing).

How much does it cost to file legal separation in Indiana? ›

How Much Does it Cost to File for Legal Separation in Indiana? It depends. The filing fees for legal separation are under $200, but you may have other legal fees associated. Though you can just file for legal separation on your own, it's better to have legal help.

Does it matter who files for divorce First Indiana? ›

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.

How much is an uncontested divorce in Indiana? ›

Cost of an Uncontested Divorce in Indiana
ProcedureCost
Filing a divorce petition with the County Clerk's office$180
Serving the divorce papers$28
Attorney fees$175–$270 per hour

Can you contest a divorce in Indiana? ›

A divorce is contested if it is based on something other than the no-fault claim of “irretrievable breakdown of the marriage.” Divorces can be contested in two ways: 1) if the couple cannot come to an agreement, and/or 2) if a party chooses to pursue a ground for divorce and not pursue a no-fault divorce.

Videos

1. Negotiations and Your Divorce: The Single Biggest Mistake You Can Make
(The Hart Law Firm, P.A.)
2. Steps to File for Divorce in Indiana
(Learn About Law)
3. The Divorce Rules for Men
(Divorce Lawyers for Men)
4. How to File For Divorce in Indiana
(HowtoFileForDivorce)
5. Indiana Family Law Changes 2022
(Learn About Law)
6. How to Divorce a Narcissist & Win
(Miles Mason Family Law Group)

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