Divorce papers in Indiana — filing for divorce in IN

Online divorce in Indiana

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How to get divorce in Indiana

Online Divorce provides qualitative and approved by the court Indiana divorce papers. The information below will help you understand more about the divorce in Indiana. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Indiana. We guarantee that in a short time you will receive the correct Indiana divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Indiana:


As in other states, the main condition for obtaining a divorce is that the marriage is legal. That is, marriage is recognized by state law.


You must be a resident of the state and live in Indiana for a certain time before filing a lawsuit, and also be a resident of the county where you want to get a divorce.


You should have reasons why you want to terminate your marriage. The state law allows spouses to sue both on the basis of the fault and on the basis of no-fault grounds, but keep in mind that if you indicate the fault reasons in the Indiana divorce papers, then you will have to go through a series of proceedings where you will have to prove that it were the illegal actions of the spouse which are the reason of break in the marriage relationship.


If you and your spouse can agree on all the controversial points of your divorce (custody of children, property division, parenting plan, amount of child support, amount of financial support for the child) or at least some of them, then you have the opportunity to file in a more rapid form divorce, which is called divorce with agreement. If you have at least some unsolved disputed issues or you do not agree with all the main points of your divorce, then you will have to go through a series of trials where the court will decide. The more disputes you have, the more time it will take to get a divorce.


You need to fill out the Indiana divorce papers. This is one of the most crucial steps of divorce, since from exactly how you fill out the papers will depend whether their court will accept them or not. If you give incorrect forms or make mistakes, the court will reject your papers and you will have to start all over again. The State College of Courts provides couples with a large quantity of divorce form documents, but not all of them you must fill out. Remember that you fill only those divorce forms that correspond to the conditions of your divorce. Many couples prefer to use the service of Online Divorce in Indiana to be sure that their forms are drafted in accordance with state regulations and the conditions of their divorce. onlinedivorce.com is an easy and fast way to get all the necessary paper without worrying about their quality.


When all necessary divorce form documents are filled, they need to register them in the court. If you do not file for divorce with agreement, then you still need to inform your spouse about the beginning of the divorce proceedings, that is, send him or her copies of the forms that you filled out. After this, it takes time to wait for the court to start hearing regarding your case. If you file for divorce with agreement, then the whole process of divorce can take up to 60 days.


If you decide to issue a dissolution / divorce, then you must comply with the rules of residence established by state law. The state bailiff obliges the plaintiff to be a resident of the state, which means that at the time of filing the application you must be on the territory of the state with a serious desire to stay here for further residence.

If you want to file for divorce in Alaska, but are not a resident of the state, then the obligatory condition should be that your spouse must reside in Alaska.

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Valid grounds to get divorce in Indiana

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In order to be able to file for divorce in Indiana, you must have grounds that are accepted by state law. The grounds can be either fault or no-fault. For example, and you can indicate in your Indiana divorce papers that you think your marriage is irretrievably broken and there is no hope for reconciliation. This is the reason for a no-fault divorce, you do not have to prove the fault of your spouse in court, you can also file for divorce on the basis of this reason, even if you are the culprit of a marriage break.

To fault reasons belong:




If the spouse is indescribably ill with a mental illness that lasts no less than 2 years;


If the spouse has committed a crime, for which he or she was convicted;

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Annulment of the marriage in Indiana

Annulment is also a process that stops marriage. However, the nuance is that only void marriages can be annuled. Speaking otherwise void marriages are those that are not recognized by state law, because they were concluded with violation of the rules of Indiana.

  • Such marriages include:
  • Marriages that have been concluded between underage spouses;
  • Marriages, which were fraudulently concluded;
  • Marriages, where one of the spouses suffered a severe form of psychiatric illness at the time of the marriage ceremony;
  • Marriages between blood relatives;
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Custody of the child in Indiana

Custody of the child

With a divorce in the state of Indiana, one of the important decisions before a court is to determine how to give custody of minor children born in wedlock. State courts are always guided by the best interests of the child.

Therefore, when making a decision, the court will consider the following factors:

  • The age and sex of the child;
  • The wishes of the child to spend more time with one of the parents if the court is satisfied that the child is able to make sound decisions and if he or she is at least 14 years old;
  • The wishes of the parents;
  • The relationship that the child has with each parent;
  • The child's ability to adapt to the new school, home and living conditions;
  • Mental and physical health of all persons involved;
  • Cases of violence or abuse in the family. Despite the fact that in your Indiana divorce papers you can not file for divorce because your spouse was extremely cruel, but if there were such cases, they must be submitted to the court so that the judge had a full picture of the situation that has developed in the family . If the spouse shows violence or wrongful acts, then the court can lock him or her to see with the child or set some visiting hours, which will take place in full security of the child and guardian.

Rules for child support in Indiana

According to the law of Indiana, after the divorce, parents must financially their underage children who were born in marriage. Support lasts up to 21 years, if:

  • The child is emancipated before 21 years of age. Emancipated are those children who married, joined the armed forces or are not under the care and supervision of parents or special bodies;
  • The child is incapacitated. The payment will continue for the entire period until the child is disabled;
  • The child is at least 18 years old, but he or she did not attend the general educational institution and can not provide for himself / herself. If the child can partially provide for himself, the court can award him or her assistance in the form of partial financial support from the parents;
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Rules for spousal support in Indiana

Rules for spousal support

Alimony is the amount of money that one spouse pays to the second during a divorce in Indiana or after it, or in both cases.

The following types of alimony are established by state regulations:

Temporary or "pendente lite" caliper, which means that they are paid until a decision is made. Usually such alimony is issued monthly, until a certain date or certain expected events occur, for example, the spouse receiving alimony will remarry.

Constant alimony is a kind of support, which at the present time is quite rare and extends throughout the life of the spouse-recipient.

Rehabilitation alimony is a temporary payment that is aimed at helping the spouse in obtaining additional skills or education so that he or she can find a good job or move up the career ladder.

In spite of the fact that in divorce form documents you can specify only the no-fault reasons, nevertheless, the judge will also take into account all the circumstances that led to the desire to terminate the marriage. In case of divorce in Indiana, the court considers the following factors affecting the duration and amount of alimony:

  • The standard of living that the family is used to during the marriage;
  • The self-sufficiency of each spouse;
  • The duration of the marriage;
  • The age of each spouse, as well as their physical, emotional and mental indicators;
  • Circumstances that contributed to the destruction of marriage;
  • Financial resources of each spouse;
  • The time necessary for the receiving spouse to acquire skills and education conducive to employment;

Property division in Indiana

Property division

The state of Indiana is of the opinion that common property should be divided fairly. In this case, the court has the right to divide the property that was acquired before marriage, which has surpassed the spouses by giving or inheriting. Also under the division of property fall assets and liabilities of couples, as well as some pension payments.

In order to decide whom to award this or that property, the court will analyze the following factors:

  • The contribution of each spouse to the acquisition of property, no matter what financial contribution this spouse made;
  • The extent to which the property was acquired by each spouse before marriage, or through inheritance or gift;
  • The tax consequences for each spouse after the division of property;
  • The economic situation of each spouse;
  • The behavior of the spouses in the process of dividing their property;

If the court comes to a decision that the property was divided unfairly between partners, then it will oblige the spouse who has received more to pay a certain amount to the second spouse to cover the existing inequality.

Divorce without a lawyer in Indiana

If you apply for a divorce in Indiana, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Indiana can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Indiana

If you do not file for an uncontested divorce, then the court may require you to attend a consultative session of the mediators to settle your differences and reach agreement on the main points of your divorce.

Divorce forms in Indiana

In order to file for divorce in Indiana, you will need to fill out some of the Indiana divorce papers that must be registered with the court. Which papers you must fill out will depend on the circumstances of your case. Similarly, the county in which you file a claim may require you to fill out additional forms.

However, the most widely circulated divorce form documents are 'Petition for Dissolution of Marriage', the 'Summons' and the' Financial Declarations. If a minor child was born in a marriage, then you also fill out the ’Child Support Obligation Worksheet’.

On the site of Indiana Judicial Branch Supreme Court you can find all the existing Indiana divorce papers, however not all of them are worth filling out. You fill out and submit only those papers that correspond to the specifics of your divorce. Roughly speaking, the divorce in Indiana is divided into 4 main categories:

  • Divorce with Children with an agreement on all issues.
  • Divorce with Children without an agreement on all issues.
  • Divorce without Children with an agreement on all issues.
  • Divorce without Children without an agreement on all issues.

First of all, you have to determine which type you fall under. Regardless of whether any children were born in marriage or not, you can apply for an accelerated type of divorce, if you and your spouse agree with each other on all the controversial issues in your case. Then you need to fill out the divorce form documents that come with the agreement, such a divorce will be called uncontested divorce in Indiana. If you and your spouse can not come to an agreement, then your divorce will be contested and the trial can be delayed for a long time. For the contested divorce you need to fill out completely different forms in comparison with the uncontested.

If you feel depressed, faced with so many papers, do not worry. You can start an online divorce in Indiana using onlinedivorce.com website. Our services will select all the necessary Indiana divorce papers that fit the circumstances of your case. Online divorce will also help you with the filling out papers. You can be sure that the divorce form documents filled through our service will be accepted by the court. Divorce with onlinedivorce.com is a simple and convenient way to save money on a lawyer, as well as get a divorce quickly.

Uncontested divorce in Indiana

Uncontested divorce in Indiana

Divorce can take a very long time. Many couples had to go through a scandalous process of dividing property or custody of children, which was accompanied by lengthy legal proceedings and a reduction in bank accounts. To make things as easy as possible for couples who want to divorce, in Indiana there is a way to get a relatively fast divorce, which is called uncontested, in which case you can generally avoid litigation.

The essence of the uncontested divorce is that the pair has already reached an agreement on all of its contentious issues, which include:

  • The division of property;
  • Separation of assets and liabilities;
  • Separation of custody of minor children;
  • Time of child visit;
  • The amount of matrimonial support and the period of payment;
  • The amount of financial support for the child;

If you and your spouse were able to discuss all the issues and came to an agreement, then your divorce will take a total of 60 days. You do not need to waste time and nerves on legal proceedings, because everything is already settled between you.

However, even if there are still some disputable questions left, you still have the right to a faster form of divorce. In Indiana, there is another way of accelerated divorce - this is the ‘bifurcated divorce’. With this kind of divorce, you and your spouse agree only on some controversial issues, which you must document with your divorce form documents and hand over to the court. Those questions on which you could not come to an agreement will be considered in the courtroom, but it will still be faster than a classic divorce with a full-moot trial.

In order to apply for an uncontested divorce or bifurcated divorce you must be a resident of the state, that is, according to Indiana law, live in the state for at least 6 months before filing a petition to the court and at least 3 months in the county where you are filing. You should also have grounds on the basis of which you want to get a divorce. The reasons are the same as for the contested divorce. However, most couples prefer to indicate a no-fault reason, since then it will not be necessary to argue about illegal actions on the part of the spouse, which led to the severance of relations. You also have the right to file for an uncontested divorce or bifurcated regardless of whether you have children or not.

How to serve divorce papers in Indiana

After you have filled out the divorce forms and filed them in court, you are obliged to notify your spouse about the beginning of the divorce proceedings. That is, you give your spouse copies of the Indiana divorce papers that you filed in court, so that he or she had the opportunity to review the case, the transfer of documents to the spouse is usually called as ‘serving a spouse’.

Indiana provides an opportunity to serve the spouse in several ways:

  • Deputy sheriff. You seduce the statement in the sheriff's office, and also pay for the service, after which the deputy sheriff will try to connect with your spouse, keep in mind that in this case only one attempt is made;
  • Private process server, in contrast to the first method, there are several attempts to contact the spouse, however, the fee for services will be higher;
  • Send documents by mail. You can send copies of your documents by mail, but you must be sure that your spouse will actually take them;

After you served a spouse in one of the permitted ways, you must provide evidence to the court that your spouse has received all the needed divorce form documents. Usually when using the services of deputy sheriff or private process server, or mail, you are given a notice that the spouse received the papers. This notice should be registered with the court so that your divorce proceedings begin.
The minimum waiting period for obtaining a divorce in Indiana is 60 days.

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Filing fees for divorce in Indiana

Total fees will contain sum of Indiana court filing fees and cost of using the service of online divorce in Indiana. This cost may vary by county. Please check with your local court officer to determine the exact amount.