How to File for Dissolution of Marriage in Indiana Without a Lawyer (2026)

Indiana calls divorce "Dissolution of Marriage." Before you start, understand the two features that make Indiana uniquely different from other states:

The 50/50 presumption: Indiana law presumes that an equal split of ALL marital assets is just and reasonable. Either party can present evidence to rebut this presumption — but 50/50 is the statutory starting point, not just one option among many. This is different from most equitable distribution states where equal division is one of several possible outcomes.

ALL property goes into the marital pot: Indiana has no "separate property" protection. Pre-marital assets, gifts, and inheritances are all included in the marital estate subject to division. A spouse cannot automatically keep an inherited house or a pre-marital 401k. Either party can argue for a deviation from 50/50 based on the source of the asset — but it is not automatically excluded.

Disclaimer: General legal information, not legal advice. Consult a licensed Indiana attorney for your specific situation.

Indiana Dissolution at a Glance

Step-by-Step: Indiana Dissolution of Marriage

Step 1 — Confirm Residency

To file in an Indiana county, at least one spouse must have lived in Indiana for at least 6 months AND in the specific county for at least 3 months. File in that county's Circuit or Superior Court.

Step 2 — Determine Your Path

Agreed dissolution (both spouses agree): Both spouses agree to the dissolution and all terms. The more cooperative path is to file together with a Settlement Agreement (also called Marital Settlement Agreement or MSA).

Contested dissolution: One spouse files the Verified Petition; the other responds. Issues are resolved through negotiation, mediation, or trial.

Step 3 — Prepare the Settlement Agreement

An agreed Settlement Agreement should address:

• Division of all property (real estate, bank accounts, retirement accounts, vehicles)
  • Starting point is 50/50; document any agreed deviation with reasoning
  • Pre-marital assets and inheritances are in the pot — address them explicitly
• Debt allocation (who is responsible for which debt; indemnification)
• Spousal maintenance (maintenance in Indiana — very limited; specific grounds required)
• If children: legal and physical custody, parenting time, child support per Indiana Guidelines

Step 4 — Complete Required Forms

Download forms from courts.in.gov/selfservice.

Core filing documents:

• Verified Petition for Dissolution of Marriage
• Summons (if serving the other party)
• Settlement Agreement (if agreed case)
• CCS (Chronological Case Summary — filed by clerk)
• Child Support Worksheet and Order (if applicable)
• Provisional Order forms (if temporary support or custody is needed during the case)

Step 5 — File at Circuit or Superior Court

File at the clerk's office. Pay filing fee ($131–$176 depending on county).

Step 6 — Wait Out the 60-Day Period

The 60-day waiting period begins on the day the Petition is filed. It cannot be waived. The dissolution cannot be final before Day 61.

Step 7 — Finalization Hearing

After 60 days, the court schedules a final hearing:

• Agreed case: both spouses (or just the petitioner if respondent consented) present the Settlement Agreement. Judge reviews and approves.
• Contested: each party presents their case; judge decides.

Step 8 — Decree of Dissolution

The judge enters the Decree of Dissolution of Marriage. This is the final order. Property is divided per the decree.

Step 9 — Post-Dissolution Steps

• Real estate: New deed prepared and recorded at county Recorder's office
• Vehicles: Indiana BMV title transfer
• Retirement accounts: QDRO for employer plans; IRA transfer for IRAs
• Beneficiary designations: Update immediately
• Name restoration: Social Security Administration → Indiana BMV → bank accounts

60-Day Waiting Period — Details

The 60-day period is counted from the date the Petition is filed. Not from service. Not from the hearing date. From the filing date.

A dissolution cannot be granted before the 60-day period expires. This is statutory (IC 31-15-2-10) and non-waivable.

Practical tip: File as early as possible to start the 60-day clock immediately, even if paperwork isn't complete.

Free Indiana Dissolution Resources

• Indiana self-help forms: courts.in.gov/selfservice
• Indiana Legal Services: indianalegalservices.org
• Indiana State Bar Association: indianabar.org
• Indiana Child Support Calculator: courts.in.gov/childsupport

Last reviewed: March 2026 | 50/50 presumption | ALL property in marital pot | 60-day waiting period cannot be waived

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.