Ready to start your Indiana divorce? Review the requirements and gather your documents today.
Get your divorce papersWhat Divorce Papers needs to be valid in Indiana
- Residency: You or your spouse must have lived in Indiana for at least 6 months before filing.
- Grounds: Indiana is a no-fault divorce state, so you must state that the marriage is irretrievably broken.
- Completed forms: You'll need the Petition for Dissolution of Marriage, Summons, and other required forms.
- Filing fee: Pay the required filing fee (varies by county, typically $150-$200).
- Notarization: Some forms, like the settlement agreement if you have one, may need to be notarized.
- Copies: Prepare copies of all forms for you, your spouse, and the court.
How to set up a Divorce Papers in Indiana
- Gather information: Collect details about your marriage, assets, debts, children, and any agreements.
- Obtain the forms: Get the Indiana divorce forms from your county clerk's office or online at the Indiana Judiciary website.
- Fill out the forms: Complete the Petition for Dissolution of Marriage, Summons, and other required forms carefully.
- File the papers: Take the completed forms to the county clerk's office in the county where you or your spouse resides. Pay the filing fee.
- Serve your spouse: Arrange for your spouse to be formally served with the divorce papers by the sheriff, a private process server, or certified mail (with their consent).
- Wait for response: Your spouse has 30 days to respond. If they don't, you can proceed with a default judgment.
How much it costs
The cost to file for divorce in Indiana includes a filing fee, which varies by county and typically ranges from $150 to $200. Additional costs may include fees for service of process, notarization, and possibly attorney fees if you hire a lawyer. If you cannot afford the fee, you may request a fee waiver.
Before You Start: Indiana Divorce Papers Checklist
Gathering the right documents and understanding Indiana's rules will save you time and prevent delays when filing for divorce.
- Confirm you meet Indiana's residency requirement: you or your spouse must have lived in the state for at least 6 months, and in the county for 3 months before filing.
- Decide on grounds for divorce: Indiana is a no-fault state (irretrievable breakdown), but you may also cite legal reasons like adultery or felony conviction if applicable.
- Gather essential information: full legal names, addresses, dates of birth for you, your spouse, and children; marriage date and location; details about property, debts, and income.
- Have your financial documents ready: tax returns, pay stubs, bank statements, retirement account statements, and mortgage or loan documents to support the settlement.
- Check if you need a notary: Indiana requires a notarized signature on the Petition for Dissolution of Marriage, so have a valid ID ready and plan to sign in front of a notary.
- Know the filing office: file your completed forms with the Clerk of the Circuit Court in the county where you or your spouse resides (if you're the petitioner, usually your county).
Questions people ask
What are the grounds for divorce in Indiana?
Indiana is a no-fault divorce state, meaning you can file for divorce without proving fault. The only ground is that the marriage is irretrievably broken, which is stated in the petition.
How long does an uncontested divorce take in Indiana?
An uncontested divorce in Indiana can be finalized in as little as 60 days from the date of filing, provided all paperwork is in order and both parties agree on all issues.
Do divorce papers need to be notarized in Indiana?
Some divorce forms, such as the Settlement Agreement and any affidavit, may need to be notarized. Check the specific requirements for your county, but it's a good idea to have your signature notarized when required.
Can I download Indiana divorce forms online?
Yes, you can download Indiana divorce forms from the Indiana Judiciary website or your county's court website. However, it's important to ensure you have the correct forms for your specific situation and county.