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Indiana
Divorce Forms
All the forms required
Paperwork is an integral part of the divorce process. At each stage of the dissolution process, the spouses need to submit specific forms.
The list of basic Indiana forms for an uncontested divorce may include, but is not limited to:
Appearance Form (TCM-TR3.1-7)
Appearance Not for Public Access Form (TCM-TR3.1-4)
Summons (TCM-TR4.1-2)
Settlement Agreement and Decree of Dissolution of Marriage
Verified Petition for Dissolution of Marriage (PS-31152-1)
Verified Waiver of Final Hearing (PS-31152-2)
Decree of Dissolution of Marriage (PS-31152-9)
Verified Order for fee Waiver and Order on fee Waiver
Notice of Provisional Hearing (PS-31152-5)
Temporary Order (PS-31152-6)
Child Support Obligation Worksheet
Motion for Final Hearing (PS-31152-7)
Notice of Final Hearing (PS-31152-8)
Depending on the case specifics (for example, the presence of minor children, family assets, marriage contracts, etc.), the list of forms required by the court may change.
In addition, spouses may need additional local forms specific to certain counties. They should contact the court clerk to clarify this issue.
Steps to consider
Filing Requirements
Residency Requirements
State law requires at least one spouse to have resided in Indiana for at least six months before filing the Petition. In addition, one of the spouses must live in the county where they plan to file for divorce for at least three months before submitting.
The same rules apply to military spouses. Before filing, the military spouse should be stationed in Indiana for at least six months.
Spouses can confirm residency by registering to vote, paying taxes, or enrolling a child in school.
Grounds for Divorce
Indiana allows both fault and no-fault divorces.
The grounds for a no-fault divorce are the "irretrievable breakdown" of the marriage.
The fault-based grounds for divorce in Indiana include:
conviction of a felony
impotence existing during the marriage, and
incurable insanity of either party for at least two years.
Couples in Indiana typically prefer a no-fault divorce, as it allows for them to speed up the divorce process, save money, and avoid confusing questions.
Initial Filing
The Indiana Supreme Courts and their branches in the respective counties hear divorce cases. To initiate a divorce, the petitioner must file a Petition for Dissolution of Marriage and Summons with the county's local court where one of the spouses resides.
The petitioner can use the e-filing system when filing divorce papers without a lawyer. However, spouses should check to see if this service is available in their area.
The spouses should also make two copies of the prepared documents.
Filing Fees
When filing documents, the petitioner must pay court fees. The average filing fee in Indiana is $157. However, the price may vary by county.
Spouses can contact the county clerk where they will file for divorce to find out the current filing fee.
If the petitioner can not afford to pay the filing fees, they can ask the judge to waive the fees. They need to complete the Verified Motion for Fee Waiver form and submit it to the clerk.
Serving the Respondent
The petitioner needs to serve the respondent. In Indiana, they may deliver the documents:
by hiring a person over 18 who is not a party to the case
by registered or certified mail with a written acknowledgment of receipt
by hiring a sheriff
by hiring a professional process server
by making a publication (if you do not know the spouse's location)
Waiting Period
Indiana has a mandatory waiting period between filing a petition and receiving a final decree. The waiting period is 60 days.
The court gives this time to the spouses for reconciliation, serving the respondent, and mediation (if necessary to settle minor disagreements).
After the expiration of the 60-day waiting period, the spouses will proceed to a final hearing to decide on their marriage dissolution.
Finalizing a Divorce Case
After the spouses have fulfilled all the requirements and submitted the necessary documents, the court decides.
If a couple has an uncontested divorce and has filed a Settlement Agreement, the partners may receive a final decree at the first hearing after a 60-day waiting period.
In a contested case, the spouses will receive a final judgment after considering each issue and deciding on them.
Filing basics
Filing for Divorce
Indiana
How to get started
Paperwork is an integral part of the divorce process. At each stage of the dissolution process, the spouses need to submit specific forms.
The list of basic Indiana forms for an uncontested divorce may include, but is not limited to:
Appearance Form (TCM-TR3.1-7)
Appearance Not for Public Access Form (TCM-TR3.1-4)
Summons (TCM-TR4.1-2)
Settlement Agreement and Decree of Dissolution of Marriage
Verified Petition for Dissolution of Marriage (PS-31152-1)
Verified Waiver of Final Hearing (PS-31152-2)
Decree of Dissolution of Marriage (PS-31152-9)
Verified Order for fee Waiver and Order on fee Waiver
Notice of Provisional Hearing (PS-31152-5)
Temporary Order (PS-31152-6)
Child Support Obligation Worksheet
Motion for Final Hearing (PS-31152-7)
Notice of Final Hearing (PS-31152-8)
Depending on the case specifics (for example, the presence of minor children, family assets, marriage contracts, etc.), the list of forms required by the court may change.
In addition, spouses may need additional local forms specific to certain counties. They should contact the court clerk to clarify this issue.
Custody Basics
Indiana recognizes four custody types: legal, physical, sole, and joint. Parents may arrange custody independently or court decides based on child's best interests, considering factors like child's wishes, parental health, and evidence of domestic violence.Indiana recognizes four different types of custody:
Legal custody refers to the right to decide about a child’s healthcare, education, and general upbringing.
Physical custody refers to the right to provide a primary residence.
Sole custody means that only the custodial parent has full legal and physical custody rights.
Joint custody shares rights and obligations equally between the parents.
Parents can make arrangements for child custody and visitation out of the court. To do this, they need to file a parenting plan with the court and may need to take parenting courses.
If the parents cannot reach an agreement, the court decides on custody issues based on the child’s best interests. The judge considers the following factors:
the wishes of the child
each parent’s wishes
the age and sex of the child
the child’s adjustment to home, school, and community
each parent’s physical and mental health
the child’s health, medical, and emotional needs
the child’s interaction and interrelationship with parents, siblings, and other family members
any evidence of a pattern of domestic violence
If the spouses do not live together during the divorce, they can request temporary custody. They can agree independently or with the help of the court.
Uncontested Divorce
If the spouses have resolved all disputes regarding child custody, parenting time, property division, and alimony out of court, the judge will consider their case uncontested.
To file for an amicable divorce in Indiana, spouses must first file a Petition. The petitioner may do it independently or together with the respondent. If the respondent agrees to the divorce, they may file with the Petition a “Verified Waiver of Service of Process and Acknowledgment of Receipt of Petition and Summons” to refuse service.
In an uncontested divorce, the spouses must file the Settlement Agreement.
An uncontested divorce allows partners to forgo the lawyer and carry out a do-it-yourself divorce, using the online service Divorce.com for completing divorce forms.
If spouses have minor disagreements and seek an uncontested divorce, they can use mediation to resolve disputes out of court.
Support Basics
The court determines the amount of child support based on the Indiana Child Support guidelines. The guidelines are based on the income shares model.
The court may order any parent to pay child support without regard to marital fault, based on the following factors:
the financial resources, needs, and obligations of both the noncustodial and the custodial parent
the standard of living the child would have enjoyed if the marriage had not been dissolved
the physical and emotional conditions and educational needs of the child
