How to File for Divorce in Indiana

Filing for divorce in Indiana follows a rigid sequence that trips up first-time filers who skip steps or misunderstand deadlines. The state calls it a "dissolution of marriage," and the process runs through your county's Circuit or Superior Court — not through a state-level agency. Here is exactly what happens, start to finish.

Confirm You Meet Indiana's Residency Requirements

Before you touch a single form, verify that at least one spouse has lived in Indiana for at least six consecutive months and in the filing county for at least three consecutive months immediately before filing. "Lived" means domicile — your permanent home, not a temporary rental or extended visit. If your spouse challenges your residency, the court looks at voter registration, utility bills, and vehicle registrations.

Active-duty military personnel stationed at an Indiana base can satisfy the residency test through their station assignment, even if their legal domicile is elsewhere.

If neither spouse meets these thresholds, the court will dismiss your case for lack of jurisdiction, and you'll need to wait or file in a different state.

Prepare Your Filing Documents

Download the official form packets from Indiana Legal Help (indianalegalhelp.org). You need three core documents:

• Domestic Relations Appearance Form — identifies you and confirms you're filing pro se (without an attorney). Select case type "DN" if you have no minor children, or "DC" if you do.
• Verified Petition for Dissolution of Marriage — the document that officially starts your case. You must sign it under penalty of perjury. Include a maiden name restoration request here if applicable.
• Domestic Relations Summons — the notice your spouse will receive. You must designate your chosen service method (certified mail, sheriff, or private server).

All documents must be on standard 8.5 × 11 inch white paper. If filing in person, bring the original plus at least two copies.

File with the County Clerk and Pay the Fee

Submit your completed paperwork to the clerk's office in person or through Indiana's e-filing portal. The filing fee runs $157 to $177 depending on your county — Marion County charges on the higher end. Payment options include cash, certified money order, or credit/debit card (expect a 3% card surcharge).

If you can't afford the filing fee, file a Verified Motion for Fee Waiver alongside a detailed financial summary. Eligibility generally requires household income at or below 125% of the federal poverty guidelines.

Serve Your Spouse

After filing, your spouse must be officially notified through one of these legally recognized methods:

• Certified mail — the clerk sends the summons with return receipt requested. Service is complete when your spouse signs the green card.
• Sheriff or private process server — hand delivery for $28 (sheriff) or $50–$100 (private server).
• Waiver of service — if your spouse is cooperative, they can sign a Verified Waiver of Service acknowledging receipt.
• Service by publication — last resort when your spouse can't be found, requiring a newspaper notice for three consecutive weeks.

Without proper service, the court has no jurisdiction over your spouse, and your case stalls.

Navigate the 60-Day Waiting Period

Indiana Code § 31-15-2-10 imposes a mandatory 60-day waiting period from the date you file — not from the date you serve. No judge can waive or shorten this, even in fully amicable cases. Use this time productively:

• Exchange mandatory Financial Declarations with your spouse (required and cannot be waived)
• Complete any county-required parenting classes if you have minor children
• Draft your Settlement Agreement if you're pursuing an uncontested divorce
• Calculate child support using Indiana's official worksheet

Finalize Your Divorce

What happens after day 60 depends on your situation:

• Uncontested with agreement: Submit your signed Settlement Agreement, Waiver of Final Hearing, and proposed Decree. The judge reviews the paperwork and signs it — no court appearance required.
• Default: If your spouse was served but never responded within 30 days, you can file a Motion for Default Judgment and attend a brief hearing.
• Contested: Unresolved disputes trigger discovery, possibly mediation, and a trial where the judge decides.

The fastest possible Indiana divorce takes exactly 60 days. Uncontested cases with clean paperwork typically wrap up in 60 to 90 days. Contested cases can stretch 6 to 18 months.

What Filing Doesn't Cover

Filing starts the legal process, but it doesn't address the financial and logistical questions that follow — property division under Indiana's one-pot rule, parenting time schedules, or spousal maintenance calculations. The Indiana Divorce Filing Process Guide walks through each stage with worksheets, checklists, and county-specific instructions so nothing falls through the cracks.

See more Indiana guides →