Indiana Dissolution When Your Spouse Won't Cooperate (2026)

Indiana does not require your spouse's consent to dissolve the marriage. One party can file a Verified Petition and proceed. If the Respondent does not participate, a default hearing can be requested.

One-Party Filing

In Indiana, the Petitioner files alone:

  1. File the Verified Petition for Dissolution of Marriage at the Circuit or Superior Court
  2. Serve the Respondent (or Respondent signs a Waiver of Service)
  3. Wait at least 60 days from the filing date
  4. Proceed to hearing

Service of Process

The Respondent must be notified of the dissolution filing. Options:

  • Sheriff or process server: Serve the Summons and Petition on the Respondent personally; $20–$60 fee
  • Certified mail: Many Indiana courts allow certified mail service; confirm with your county
  • Waiver of Service: If the Respondent is willing to sign a Waiver, formal service is not required

If the Respondent cannot be located: Indiana allows service by publication in a newspaper of general circulation in the county. Consult the court clerk for the specific publication requirements.

If the Respondent Does Not Respond

If the Respondent is served and does not file a response within the required time:

  1. File for Default: File a Motion for Default or Request for Default Judgment with the court
  2. Default hearing: Indiana requires a brief default hearing — the Petitioner appears and presents basic testimony about the marriage, grounds, and requested terms
  3. Decree entered: Judge enters the Decree of Dissolution incorporating the Petitioner's proposed terms

Indiana default hearings are typically brief (15–30 minutes). The Petitioner should bring:

  • Copy of the filed Petition
  • Proposed Settlement Agreement (even in default, it helps to have this drafted)
  • Proof of service on the Respondent
  • Any documentation of property

Provisional Orders Without Cooperation

In a non-cooperative situation, either party can request provisional orders immediately:

  • Temporary possession of the marital home
  • Temporary custody and parenting time
  • Temporary restraining order (preventing the Respondent from disposing of assets, harassing, or removing children from Indiana)
  • Temporary child support

Provisional orders can be requested ex parte (without the other party) in emergency situations.

The 60-Day Wait Applies Regardless

Even in an uncooperative situation, the 60-day waiting period cannot be waived. The Petitioner must still wait 60 days from filing before a Decree can be entered.

Contested Dissolution

If the Respondent participates but disputes property division, custody, or other issues:

  1. Respondent files an Answer (and possibly Counter-Petition)
  2. Both parties exchange financial information
  3. Court schedules a provisional orders hearing if needed
  4. Parties attempt settlement through negotiation or mediation
  5. If unresolved: trial before the judge
  6. Judge enters Decree resolving all issues

Last reviewed: March 2026 | 60-day wait is mandatory even in default cases | courts.in.gov/selfservice for forms | Provisional orders available at any point

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