How to File for Divorce in Indiana: A Complete Guide for 2026

Filing for divorce in Indiana involves a defined statutory process under Indiana Code Chapter 31-15. Whether your situation is straightforward or complex, understanding the key requirements, deadlines, and forms is essential to filing correctly the first time. This guide walks through what Indiana law requires for dissolution of marriage in 2026.

Residency Requirements

Before you can file in Indiana, you must satisfy a residency requirement. Under Indiana Code Section 31-15-2-6, the petitioner must have been a resident of Indiana for at least six (6) months immediately preceding the filing, and a resident of the county where the petition is filed for at least three (3) months. Both periods must be continuous immediately before filing.

If you do not meet the residency requirement, the court will dismiss your case for lack of jurisdiction, regardless of how complete your forms are. You can file in any of the 92 Indiana counties where one party satisfies the three-month county residency requirement.

The 60-Day Waiting Period

Indiana imposes a mandatory 60-day waiting period between the filing of the Petition for Dissolution of Marriage and the final hearing, under Indiana Code Section 31-15-2-10. This means no matter how amicable your divorce, you cannot finalize the dissolution sooner than 60 days after the petition is filed.

Use this waiting period productively. It is the right time to prepare financial disclosures, draft the Agreed Entry of Dissolution, and (if you have children) work through a complete parenting plan and child-support worksheet.

With Children vs Without Children

The forms you need depend on whether there are minor children. If you have no minor children, your dissolution is generally simpler — you need a Petition, an Agreed Entry, and a Decree.

If you have minor children, Indiana requires additional documents:

• A Parenting Plan compliant with the Indiana Parenting Time Guidelines
• An Indiana Child Support Obligation Worksheet calculated under the Indiana Child Support Guidelines
• An order for child support payable through the Indiana State Central Collection Unit (INSCCU)

QuillReady offers court-ready templates for each step:

• Indiana Agreed Entry of Dissolution (No Children)
• Indiana Agreed Entry of Dissolution (With Children)
• Indiana Parenting Plan Template
• Indiana Child Support Worksheet

Required Forms

Every Indiana dissolution requires, at a minimum:

• Petition for Dissolution of Marriage — the initial pleading that starts the case
• Verified Information Form — required under the Indiana Trial Rules
• Notice and Summons — for service on the Respondent unless the Respondent waives service
• Financial Declaration — most counties require both parties to file this disclosure
• Agreed Entry of Dissolution — if the parties have agreed on all terms
• Decree of Dissolution — the final order entered by the Court

Many Indiana counties have local rules adding requirements such as a Marital Property Inventory, a Settlement Conference Statement, or mandatory mediation. Always check the local rules of your filing county before submitting documents.

Property Division

Indiana follows the doctrine of equitable distribution under IC 31-15-7, not community property. The court divides marital property in a way that is "just and reasonable" — presumed to be equal but subject to deviation based on factors including: each spouse's contribution to property acquisition; property acquired before marriage; the economic circumstances of each spouse at dissolution; and the earning capacity of each spouse.

Agreed entries that propose a different-than-equal division must explain the basis for the deviation. Indiana courts will approve an unequal division if both parties knowingly consent and the agreement is fair under the circumstances.

Cost of Filing

Filing fees in Indiana vary by county but typically range from $157 to $176 for a dissolution petition. Sheriff's service of process generally adds $25-$35 per defendant. Indiana provides fee waivers for filers who qualify financially under Indiana Code Section 33-37-3.

How Long Does It Take?

An uncontested, agreed divorce can be finalized in 60 to 90 days from filing to final decree if all paperwork is complete and the parties are fully agreed. Contested divorces typically take 6 to 18 months, depending on the complexity of property division, custody disputes, and the court's calendar.

Next Steps

If you are ready to proceed and have agreed with your spouse on the terms, QuillReady's court-ready templates give you a starting point. Choose the template that matches your situation: with no minor children or with minor children. Personalize the bracketed fields, review carefully, and file with your county Clerk.

If your situation is complex, consult a licensed Indiana family law attorney. Most attorneys offer free or low-cost initial consultations.