Indiana Family Laws
Indiana is essentially a no-fault divorce state — the primary ground is irretrievable breakdown. There is a mandatory 60-day waiting period. Indiana presumes equal (50/50) property division, which is unusual for an equitable distribution state. Spousal maintenance is very limited — available only for incapacity, caregiving, or rehabilitation (capped at 3 years).
Last verified: 2026-02-25
Statute of Limitations
There is no statute of limitations for filing for divorce. The primary ground is irretrievable breakdown. Limited fault-based grounds exist: felony conviction after marriage, impotence, and incurable insanity for 2+ years.
Filing Requirements
At least one spouse must be an Indiana resident for 6 months and a resident of the filing county for 3 months.
Filing fees are approximately $157, varying by county.
Key Indiana Statutes
Indiana presumes an equal (50/50) division of marital property — unusual for an equitable distribution state. Courts may deviate based on: contributions to property acquisition, economic circumstances, earning capacity, conduct during marriage, property acquired before marriage or by gift/inheritance, and tax consequences.
Indiana is one of the most restrictive states for maintenance. Only three types: (1) Incapacity maintenance — spouse is physically/mentally incapacitated. (2) Caregiver maintenance — spouse is primary custodian of an incapacitated child. (3) Rehabilitative maintenance — for education/training, capped at 3 years.
Custody decisions are based on the best interests of the child, considering: age and sex of the child, wishes of parents and child, relationships with family members, adjustment to home/school/community, and mental and physical health of all involved.
60 days must pass after filing before the court can finalize the divorce.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Indiana.
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