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Uncontested Divorce in Indiana
Requirements for an Uncontested Divorce in Indiana
To qualify for an uncontested divorce in Indiana, you must meet the following criteria:
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Residency:
Either you or your spouse must have lived in:-
Indiana for at least 6 months, and
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The county where you're filing for at least 3 months before filing.
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Grounds for Divorce
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Indiana allows no-fault divorce based on “irretrievable breakdown of the marriage.”
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No need to prove fault or blame.
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Mutual Agreement:
Both spouses must agree on all major issues:-
Division of property and debts
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Spousal support (if any)
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Child custody, parenting time, and child support (if applicable)
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Steps to File for an Uncontested Divorce:
1. Complete the Required Forms
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Use Indiana’s free court-approved divorce forms:
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Petition for Dissolution of Marriage
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Settlement Agreement
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Waiver of Final Hearing (optional)
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Appearance Form
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Child Support Obligation Worksheet (if you have children)
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Parenting Time and Custody Agreement (if applicable)
You can download forms from:https://www.in.gov/courts/selfservice/forms/
2. File with the Clerk of the Court
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File your forms in the circuit or superior court in the county where you or your spouse has lived for at least 3 months.
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Pay the filing fee (usually around $150–$180).
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If you can’t afford it, request a fee waiver by filing a Verified Motion for Fee Waiver (IFP form).
3. Serve Your Spouse (If Not Filing Jointly)
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If you file alone, you must formally serve your spouse unless they sign a Waiver of Service and Appearance.
4. Wait 60 Days
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Indiana law requires a minimum 60-day waiting period from the date of filing before the court can finalize your divorce.
5. Submit Final Decree or Attend a Hearing
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If both parties agree and have filed all necessary forms, you may submit a Final Decree of Dissolution without a hearing (if allowed by your court).
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Some counties require a short final hearing, even for uncontested divorces.
6. Divorce Finalized
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Once the judge signs the Decree of Dissolution, the divorce is official.
Cost Considerations
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Filing Fee: ~$150–$180 (varies by county)
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Attorney Flat Fee: Usually $500–$1,000 for uncontested divorces
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Online Divorce Services: $150–$350 for form prep
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Fee Waiver: Available if you meet income guidelines
Important Considerations
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With Children:
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You must submit a Child Support Worksheet and Parenting Plan
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Many courts require both parents to attend a parenting education class
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Property Division:
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Indiana is an equitable distribution state — assets and debts are divided fairly (not necessarily 50/50)
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Legal Advice Recommended:
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Even if everything is agreed, it’s wise to have a lawyer review your settlement—especially if there’s real estate, retirement funds, or children
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