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Start your divorce online in Indiana

Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Why Choose Divorce.com?

Benefits of an online divorce

Divorce.com provides an affordable tool to prepare standard-compliant divorce forms without stress or hidden fees. It allows the spouses to save money and spend free time with the family.

By trusting Divorce.com, you can generate customized papers, according to the specifics of your case and the latest local requirements.

Benefits of an online divorce

You no longer need to delve into the Indiana Family Law intricacies and decipher legal terminology. With Divorce.com, you can easily prepare paperwork yourself, without legal advice or training.

Divorce.com is available for any device. So wherever you are now, you can always use the online platform.

  • Answer the online survey questions. Take breaks without fear of losing all data.
  • Edit and make unlimited changes to your answers before submitting.
  • Download ready-made PDF papers and a filing guide in just two business days.

Divorce.com is your reliable assistant for paperwork preparation!

Benefits of an online divorce

Indiana Divorce Forms

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.

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.

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Steps to Consider

Filing for Divorce in Indiana

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.

How to Fill Out Divorce Forms in Indiana

Filling out legal forms for divorce raises many headache-inducing questions for spouses. However, they can make this task easier and complete papers smoothly, following step-by-step instructions.

  • Read the instructions for the forms.
  • Learn about Indiana family law and decipher the legal terms from the forms.
  • Gather the requested data and documents necessary for self-filling papers.
  • Discuss the divorce terms with your spouse to avoid disagreements.
  • Complete the divorce papers, strictly following the instructions provided.
  • Re-read the completed documents and edit mistakes, typos, and incorrect data.

Before submitting documents to the court, the spouses should eliminate any possible mistakes in the papers. Otherwise, the court clerk may reject the packet of documents, and they will have to re-fill their forms.

Partners should also check which forms they should notarize and which they should not.

To avoid many common filling mistakes, spouses can use Divorce.com. This online platform allows partners to quickly and efficiently prepare papers for uncontested cases, without needing to leave the house.

You just have to complete our questionnaire and provide information about your marriage and breakup. Then, you can download ready-to-file papers from your account in two business days. The next step is to print and sign them.

Child custody

Getting a Divorce with Children in Divorce.com

Child Custody

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.
Child custody

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 in Indiana

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.

Child Support

The court determines the amount of child support based on the Indiana Child Support guidelines. The guidelines are based on the income shares model.

Child custody

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
Child Support

FAQ

How long will it take to get divorced in Indiana?

In an uncontested divorce, spouses can obtain a divorce 60 days after filing. In a contested case, a divorce can take more than six months.

Can I get a free divorce in Indiana?

Spouses that have a low income can request a court fee waiver. They need to complete the Verified Motion for Fee Waiver form.

How do I file for divorce in Indiana?

To file for divorce, the petitioner must file documents with the local county court or by using the e-filing system (if available in their area).

How much does a divorce cost in Indiana?

The average cost of a divorce in Indiana is $10,000. The minimum price is $157 (filing fees). The cost depends on the divorce type, number of disputes, attorney fees, court fees, etc.