Prepare your documents for Divorce in Indiana

This website helps prepare the forms required for Divorce in Indiana

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which Divorce related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a family law advocate or legal professional to get guidance on divorce-related matters. If you’re going through a divorce, an advocate can help you understand your rights and options, review your case documents, discuss your situation, and assist with developing a plan for financial and personal stability.

4. File with the Clerk

To start a divorce in Indiana, file a Petition for Dissolution of Marriage with the Clerk of the Circuit or Superior Court in your county. Include the filing fee or request a fee waiver. The Clerk opens your case, assigns a case number, and begins the legal process for custody, support, and property matters.

Process

Step 1

You: Take Online Screening

Begin your divorce filing process by taking the screening on LegalAtoms. Enter your ZIP code and answer a few simple questions about your marriage, residency, property, and any children. This screening confirms whether filing for divorce in Indiana is appropriate and identifies the specific forms and steps required. LegalAtoms customizes the process to match your county’s local court rules. Before starting, gather key information such as your marriage date, spouse’s details, property records, and children’s information if applicable.

Step 2

You: Gather Personal Information and Prepare the Original Petition for Divorce

Start by gathering all important information needed to complete your Indiana divorce filing, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, and addresses)
A list of marital assets, debts, and any separate property claims

Next, obtain the official Petition for Dissolution of Marriage form from the Clerk of the Circuit or Superior Court in your county. Complete the petition carefully, ensuring all required sections are accurate.

The petition must be signed and filed with the Clerk before your case can proceed. Keep a copy of the filed petition and all supporting documents for your records, as you will need them throughout the divorce process.

Step 3

You: Wait for the Clerk to Process Your Divorce Petition

After submitting your completed Petition for Dissolution of Marriage to the Clerk of the Circuit or Superior Court, the Clerk’s office will process and officially record it in the court system. Processing times vary by county but usually take a few business days.

Once accepted, your divorce case will be formally opened and assigned a case number, which you will need for all future filings and correspondence. You may request plain or certified copies of the petition for your records, as some agencies or institutions may require them. If your filing is rejected due to missing information or incorrect forms, you must correct the issues and resubmit before your case can proceed.

Step 4

You: Create Your Divorce Case on LegalAtoms

Log in to your LegalAtoms account, or create one if you don’t have one. From your dashboard, click “Start New Case” and select Divorce (Indiana) as the case type. The platform will guide you step-by-step through entering required information, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, addresses)
A list of marital assets, debts, and any separate property claims

You can upload supporting documents such as your marriage certificate, property records, and child-related documents. LegalAtoms helps ensure your petition is complete and accurate and tailored to your county’s local court rules before you file it with the Clerk of the Circuit or Superior Court (or electronically if your county allows e-filing).

Step 5

You: Receive Your Filed Petition and Certified Copies

Once your Petition for Dissolution of Marriage is accepted by the Clerk of the Circuit or Superior Court, it will be officially filed and entered into the court’s records. You can request a certified copy of the filed petition, which serves as official proof that your divorce case has been opened in Indiana.

Using Your Certified Petition:
A certified copy may be required to:

Serve your spouse with official notice of the divorce
Provide proof of a pending case to employers, government agencies, or financial institutions
Submit with other court filings related to your divorce

Certified copies can be requested from the Clerk’s office at the time of filing or later if needed. It’s strongly recommended to keep at least one certified copy, as plain photocopies may not be accepted for official or legal purposes.

Step 6

Wait for the Clerk’s Confirmation

After submitting your Petition for Dissolution of Marriage, you must wait for the Clerk of the Circuit or Superior Court to officially record your filing and assign a case number. Processing times vary by county but are usually completed within a few business days.

During this waiting period, check your LegalAtoms dashboard for updates or notifications from the Clerk’s Office. Once your petition is recorded, the Clerk will return the filed copy and make certified copies available upon request.

If your filing is complete and accurate, it will be accepted without issue. However, if required information or signatures are missing, the Clerk may reject the filing. You must correct and resubmit the petition before your Indiana divorce case can proceed.

Step 7

Receive Your Filed Divorce Petition and Begin the Process

Once the Clerk of the Circuit or Superior Court records your Petition for Dissolution of Marriage, your case becomes official, and the divorce process formally begins in Indiana. LegalAtoms will guide you through requesting certified copies of your petition, which may be needed for important steps such as:

Serving your spouse with official notice of the divorce
Providing proof of your pending case to employers, agencies, or financial institutions
Filing additional court documents as your case progresses

If your filing is rejected, LegalAtoms will help you identify the issue—such as missing signatures or incomplete information—so you can correct and resubmit it quickly.

Once your case is active in the Indiana court system, you must complete all required steps, including properly serving your spouse and obtaining a Final Judgment of Dissolution of Marriage, before your divorce is legally finalized. There is no mandatory waiting period in Indiana, but at least one spouse must have lived in the state for six months before filing.

Step 8

Finalize and Maintain Your Divorce Decree

Once your divorce is finalized, the court will issue a Final Judgment of Dissolution of Marriage, which officially ends your marriage and outlines the terms for property division, debts, spousal maintenance, child custody, support, and any other applicable matters. This judgment is legally binding and must be followed by both parties.

LegalAtoms will notify you when your judgment is ready and guide you through requesting certified copies. These certified copies may be required for tasks such as:

Updating your name on identification or legal documents
Adjusting property titles, bank accounts, or insurance policies
Providing proof of divorce to government agencies or employers

If your judgment includes ongoing obligations, such as child support, parenting plans, or spousal maintenance, you must comply with those terms. Failure to do so can result in enforcement actions or other legal penalties.

By keeping certified copies of your Final Judgment and following its terms, you help protect your rights and ensure your divorce remains fully recognized under Indiana law.

FAQs

What is an Divorce?

What Are Valid Reasons for Divorce in Indiana?

In Indiana, the law also recognizes no-fault divorce, which means you do not have to prove that either spouse did something wrong to cause the divorce.

No-Fault Ground:

Irretrievable Breakdown of the Marriage – The marriage cannot be saved, and there is no reasonable chance of reconciliation. This is the most common and sufficient reason for divorce in Indiana.

Other Possible Grounds:

Incapacitation of a Spouse – A spouse has been legally declared mentally incapacitated.

Indiana does not require you to allege or prove fault, such as adultery or cruelty, although these factors may still influence aspects of the case, including property division or spousal maintenance.

What Is the Divorce Process in Indiana?

1. File the Petition
One spouse (the petitioner) starts the process by filing a Petition for Dissolution of Marriage with the Clerk of the Circuit or Superior Court in the county where either spouse lives. The petition outlines the basic facts of the marriage and what the filing spouse is requesting, such as property division, spousal maintenance, or parenting arrangements.

2. Serve the Spouse
The other spouse (the respondent) must be formally served with the divorce papers by a sheriff or certified process server, unless they sign an Acceptance and Waiver of Service.

3. Respond
The respondent has 20 calendar days from the date of service to file an Answer or Counterpetition with the court.

4. Financial Disclosure
Both spouses must exchange financial information by completing and sharing a Financial Affidavit and supporting documents, including income, expenses, debts, and assets.

5. Temporary Orders (if needed)
Either party can request temporary relief from the court to address issues such as child support, custody, spousal maintenance, or use of the marital home while the divorce is pending.

6. Mediation or Settlement Negotiation
Many Indiana courts encourage or require mediation before trial. During mediation, both spouses work with a neutral mediator to reach an agreement on all divorce terms.

7. Trial (if no agreement)
If the spouses cannot agree on some or all issues, the case proceeds to a trial, where a judge makes final decisions on contested matters.

8. Final Judgment of Dissolution of Marriage
Once the parties reach an agreement or the judge issues a ruling after trial, the court signs a Final Judgment of Dissolution of Marriage. This officially ends the marriage and sets out terms for property division, debts, spousal maintenance, child custody, and support.

How long does the Divorce process take?

In Indiana, there is no mandatory waiting period for divorce once the petition is filed, but certain steps must be completed before the court can issue a Final Judgment of Dissolution of Marriage. The total time depends on whether the case is uncontested or contested.

Uncontested divorce (both spouses agree on all terms): These cases can often be finalized within 6 to 12 weeks, depending on the court’s schedule and how quickly both parties complete the required paperwork and attend any hearings.
Contested divorce (disagreements over property, custody, or support): These cases can take several months to over a year, depending on the complexity of the issues, financial disclosures, mediation, and the court’s calendar.

What happens if my filing is rejected?

If your divorce filing is rejected in Indiana, it usually means there was an error or missing requirement in your paperwork. Common reasons include:

Missing information (such as spouse details, marriage date, or residency)
Incomplete or incorrect forms
Missing signatures or notarization
Unpaid or incorrect filing fee
Filing in the wrong county or court division

If this happens, the Clerk of the Circuit or Superior Court will notify you of the issue. You must correct the mistake and resubmit the petition before your divorce case can officially proceed in the Indiana court system.

When will I hear back about my filing?

In Indiana, once you file your Petition for Dissolution of Marriage with the Clerk of the Circuit or Superior Court, you’ll typically receive a response within a few business days. The Clerk will:

Review your petition to ensure it’s complete and that the filing fee has been paid (or a fee waiver submitted).
Assign a case number once the filing is accepted.
Notify you — usually by mail, email, or through the court’s online case system — when your filing has been officially recorded.

If you filed through a platform like LegalAtoms, you’ll also receive updates in your dashboard as soon as the Clerk processes your petition.

Are there fees associated with filing an Divorce?

Yes. In Indiana, there are fees associated with filing for divorce:

Filing Fee: Typically between $150–$300, depending on the county.
Service of Process Fee: Usually $30–$100 if the sheriff or a certified process server delivers the divorce papers to your spouse.
Other Possible Costs: Fees for certified copies, mediation, or additional court motions.

If you cannot afford the filing fees, you may submit a Petitioner’s Affidavit of Indigency to request a fee waiver from the Clerk of the Circuit or Superior Court.

Where can I get help with Divorce issues?

If you need help with divorce issues in Indiana, you have several options. Free or low-cost assistance is available through legal aid organizations, such as:

Indiana Legal Services
Neighborhood Christian Legal Clinic
Volunteer Lawyers Program

You can also visit IndianaLegalHelp.org to find local legal aid offices, family court self-help centers, and other free resources for divorce and family law matters.

Court Forms Created This website guides you through all the topics required to complete your Divorce documents and file your case.

Core Forms

Divorce Without Children When Spouses Do Not Agree
Divorce Without Children When Spouses Agree