About divorce in Indiana

Return to Previous Page

In Indiana, the legal term for divorce is “dissolution of marriage.” Indiana is generally considered a “no-fault state,” meaning that there does not need to be a specific reason for filing for divorce; however, the petition filed with the court must still state a reason, but that reason can simply be an “irretrievable breakdown of the marriage.” After the divorce petition has been filed, there is a 60-day waiting period before a court will grant the petition.

By default, Indiana law divides property, assets, and debts evenly between the two parties. However, a divorce settlement can take whatever form the parties can agree on. If the parties are unable to come to an agreement and the case goes to trial, the judge will likely issue a ruling based on the arguments presented by the attorneys rather than divide everything 50-50. During a divorce, your attorney will diligently work with the other side to craft a settlement. If no settlement can be reached and the divorce goes to trial, your attorney will present your case to the judge.

Additionally, one party may be entitled to spousal support if certain criteria are met. Those criteria are: a physical or mental incapacitation that prevents one party from being able support his or her self, there is a child with physical or mental incapacitation and the party lacks the means to support that child, or the responsibilities of the marriage (i.e., homemaking or childcare) interrupted the party’s education, employment, or training.