Indiana Dissolution of Marriage Checklist (2026)

Phase 1 — Pre-Filing Preparation

  • Confirm residency: 6 months in Indiana + 3 months in the filing county (for at least one spouse)
  • Identify the correct court: Circuit or Superior Court in your county
  • Download forms from courts.in.gov/selfservice
  • Gather financial documentation for both spouses:
    • Current pay stubs (2 most recent)
    • Last 2–3 years of federal and state tax returns
    • Bank and savings account statements (all accounts, including pre-marital)
    • Investment account statements (all)
    • Retirement account statements (401k, IRA, pension — including pre-marital balance)
    • Mortgage statement (current balance, payoff amount)
    • Vehicle loan statements
    • Credit card and other debt statements
    • Business interest documentation (if applicable)
  • Inventory ALL property — including pre-marital assets, gifts, and inheritances
    • All real estate
    • All bank and investment accounts
    • All retirement accounts (note any pre-marital balance)
    • All vehicles
    • Any significant personal property
    • Any business interests
    • Any gifts or inheritances received before or during the marriage
  • Inventory ALL debts
  • Note which assets were acquired before marriage or received as gifts/inheritances — you may want to argue for deviation from 50/50

Phase 2 — Draft the Settlement Agreement

  • Agree on all property division (starting from 50/50 as the baseline):
    • Real estate — who keeps, or sell; equity buyout method; refinancing deadline
    • Bank and investment accounts — who gets what or split
    • Retirement accounts — QDRO or IRA transfer; percentage or dollar amount
    • Vehicles — who keeps; loan refinancing
    • Debts — assign each debt; indemnification language
  • If deviating from 50/50: document the justification in the Settlement Agreement (contribution, origin, economic circumstances, or dissipation)
  • Maintenance (very limited in Indiana — specific statutory grounds only; include waiver if no maintenance)
  • Children (if applicable): legal custody, physical custody, parenting schedule, child support
  • Both spouses review and sign the Settlement Agreement
  • Verify child support is calculated per Indiana Guidelines

Phase 3 — Complete Required Forms

  • Verified Petition for Dissolution of Marriage
  • Summons (if serving the other party — or Waiver of Service if cooperative)
  • Settlement Agreement (drafted by parties)
  • CCS / Case Information Sheet
  • If children: Child Support Worksheet + proposed Order
  • If children: Parenting Plan
  • Provisional Order forms (if needed for temporary arrangements during the case)

Phase 4 — File and Pay

  • File the complete packet at the Circuit or Superior Court clerk's office
  • Pay filing fee ($131–$176)
  • Receive case number
  • Note the FILING DATE — 60-day clock starts now

Phase 5 — Serve the Respondent (or Waiver)

  • Petitioner serves Respondent with Petition and Summons (if not joint filing)
  • OR Respondent signs Waiver of Service

Phase 6 — The 60-Day Waiting Period

  • Mark Day 61 on your calendar (first day final hearing can occur)
  • Use this time to finalize Settlement Agreement if not already done
  • Complete child support worksheets if applicable
  • Schedule finalization hearing with the court (after Day 60)

Phase 7 — Final Hearing

  • Attend final hearing (both spouses typically attend)
  • Present Settlement Agreement to judge
  • Judge reviews and approves (may have questions)
  • Decree of Dissolution of Marriage is entered

Phase 8 — Post-Dissolution

  • Real estate: Prepare deed → record at county Recorder's office
  • Indiana BMV: Title transfer for vehicles
  • Retirement accounts: QDRO for employer plans; IRA transfer for IRAs
  • Beneficiary designations: Update all — 401k, IRA, life insurance
  • Name restoration: Social Security → Indiana BMV → bank accounts
  • Health insurance: Arrange new coverage within COBRA window (60 days)

Last reviewed: March 2026 | Forms: courts.in.gov/selfservice | 60-day waiting period mandatory | 50/50 presumption starting point

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