How to Respond to Divorce Papers in Indiana

Getting served with divorce papers is jarring, but your response deadline starts immediately and missing it has real consequences. Here's exactly what you need to do, how long you have, and what happens if you don't respond.

Your Response Deadline

After being served, you have 20 days to file a formal appearance or response with the court. If you were served by mail, you get 23 days (the extra 3 days account for mailing time under Indiana Trial Rules).

This clock starts on the date you were served, not the date the petition was filed. The deadline is strict — missing it opens the door to a default judgment.

What to File

Domestic Relations Appearance Form — at minimum, file this document with the county clerk. It puts the court on notice that you're participating in the case. This alone prevents a default judgment.

Response or Counter-Petition — if you disagree with anything in your spouse's petition (the proposed property division, custody arrangement, or other terms), file a written response explaining your position. You can also file a Counter-Petition for Dissolution if you want to make your own requests.

File your documents with the same county clerk where the original petition was filed. If filing in person, bring the original plus copies.

What Happens If You Don't Respond: Default Judgment

If you fail to file an appearance or response within the 20-day window, your spouse can file a Motion for Default Judgment. This is not an empty threat — it means:

• The court can grant your spouse everything they asked for in the original petition
• Property division, debt allocation, custody, and support are decided without your input
• You lose your right to negotiate, present evidence, or contest any terms
• The judge schedules a brief default hearing where only your spouse appears

Your spouse must also file a Non-Military Affidavit confirming you're not on active military duty (active service members get additional protections under the Servicemembers Civil Relief Act).

A default judgment is difficult to overturn after the fact. Indiana courts can set aside a default only if you can demonstrate excusable neglect, a meritorious defense, or that you were never properly served. "I didn't think it was important" doesn't qualify.

What to Do Immediately After Being Served

Read every document. The petition describes what your spouse is asking for — property division, custody arrangements, spousal maintenance. Understanding the specifics tells you whether this is a case you can resolve through negotiation or one that needs legal help.

Note key dates. Mark the 20-day (or 23-day) response deadline on your calendar. Also note the 60-day waiting period — the court cannot finalize anything until at least 60 days after the petition was filed (IC § 31-15-2-10).

Gather financial records. You'll need to complete and exchange a mandatory Financial Declaration Form during the 60-day waiting period. Start collecting tax returns, pay stubs, bank statements, retirement account balances, and debt records now.

Understand the financial freeze. In many Indiana counties, the filing of a divorce petition triggers automatic provisional restrictions on dissipating marital assets. Do not empty bank accounts, cancel insurance policies, or make large purchases. These actions can result in sanctions and an unfavorable property division.

If You Agree With the Petition

You don't have to fight. If your spouse's proposed terms are acceptable, you can:

1. File your Appearance Form to prevent default
2. Work with your spouse to draft a Settlement Agreement covering all terms
3. Both sign a Waiver of Final Hearing
4. Submit the proposed Decree of Dissolution after the 60-day waiting period

This uncontested path avoids a courtroom appearance entirely — the judge reviews and signs the paperwork.

If You Disagree

File your response stating what you contest. The case then moves through discovery (exchanging financial documents and interrogatories), possibly court-ordered mediation, and ultimately a final hearing if you can't reach agreement. Contested cases with children almost always involve mandatory mediation in counties like Marion, Hamilton, and Johnson.

Whether you agree or disagree, the mechanics of responding correctly — filing the right forms, meeting the deadline, protecting your financial position — determine whether you negotiate from strength or play catch-up. The Indiana Divorce Filing Process Guide covers both sides of the process, from filing to responding.

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