Family Law Resources

Filing for Divorce in Indiana

Indiana calls divorce "dissolution of marriage."

Residency Requirements

• 6 months in Indiana


• 3 months in your filing county

Waiting Period

60 days minimum after filing before the case can be heard.

Filing Process

1. File Petition for Dissolution of Marriage with county clerk


2. File in Circuit Court or Superior Court


3. Most counties prefer electronic filing

Uncontested Option

If spouses agree on all issues and file a written agreement, divorce can be finalized without a hearing.

Grounds

No-fault: "irretrievable breakdown" or fault-based grounds available.

Family Courts in Indiana

Indiana does not have a separate Family Court. Cases are handled by Circuit Courts or Superior Court Family Divisions.

Circuit Court

• Basic county-level court since 1814


• Jurisdiction: civil, divorce, naturalization, criminal, estates, guardianship, juvenile


• All 92 counties have Circuit Courts (Dearborn and Ohio share one)

Superior Court

• Concurrent civil jurisdiction


• Many have dedicated Family Court or Domestic Relations divisions

Filing

File in county where you or your spouse reside. E-filing available through Indiana's approved electronic filing providers.

Filing Fees in Indiana

Fee Breakdown

• Basic civil filing: $157


• With sheriff service: $185


• Range by county: $132-$205


• Marion County: $177 filing + $28 sheriff service

Fee Waivers

File affidavit of indigency and motion to waive - granted at judge's discretion.

Typical Total Costs

• Uncontested DIY: $500-$3,000


• Average with attorneys: $9,157 per person


• Cases with children: Approximately $12,000 per person

Free Legal Resources in Indiana

Indiana Legal Services

• Website: indianalegalservices.org


• Phone: 1-800-332-4573


• Serves all 92 counties since 1966


• Helps with divorce, custody, child support, paternity, guardianship

Indianapolis Legal Aid Society

• Website: indylas.org


• Phone: 317-635-9538

Online Resources

• Indiana Free Legal Answers: indiana.freelegalanswers.org


• Indiana Legal Help: indianalegalhelp.org


• Pro Bono Indiana: probonoindiana.org - 1-800-356-2132

Eligibility

Based on federal poverty guidelines.

Critical Deadlines in Indiana

Mandatory Waiting Period

60 days minimum after filing before the case can be heard. This applies regardless of whether divorce is contested or uncontested.

Parent Education Class

Most counties require completion within 60 days of filing.

Child Support Duration

• Support ends at age 19 (changed from 21 in 2012)


• Can extend to 21 for college if petition filed before child turns 19


• Continues past 21 if child is disabled

Early Termination

Possible at 18 if child is not in school for 4+ months and is self-supporting.

Indiana's Unique Family Law Features

Child Support Ends at 19

Changed from 21 in July 2012 - earlier than most states.

• Exception: Extends to 21 for college if petition filed before child turns 19


• Continues past 21 if child is disabled

Early Emancipation

Possible at 18 if child not in school for 4+ months and self-supporting.

2025 Custody Order Requirements (HEA 1626)

All custody orders must include specific written findings of fact and legal reasoning - unprecedented transparency requirement.

Terminology

Indiana uses "dissolution of marriage" rather than "divorce."

No Separate Family Court

Cases handled by Circuit Court or Superior Court family divisions.