Am I Eligible to File for Dissolution of Marriage in Indiana? (2026)

Indiana has specific residency requirements, a 60-day waiting period that cannot be waived, and two unique features that every filer should understand before beginning.

Disclaimer: General legal information only. Consult a licensed Indiana attorney for your situation.

Section 1 — Residency Requirements

Indiana requires BOTH of the following:

  • State residency: At least one spouse has lived in Indiana for 6 months immediately before filing → ✅
  • County residency: At least one spouse has lived in the filing county for 3 months immediately before filing → ✅

If either requirement is not met → ❌ You cannot yet file in Indiana.

File in the Circuit or Superior Court in the qualifying county.

Section 2 — No-Fault Ground

Indiana recognizes the following no-fault ground:

  • Irretrievable breakdown of the marriage — one spouse asserts it; the other does not need to agree → ✅

Very limited fault grounds (rarely used):

  1. Felony conviction after the marriage
  2. Impotency existing at the time of the marriage
  3. Incurable insanity for 2 or more years

Section 3 — 60-Day Waiting Period

The dissolution cannot be finalized for at least 60 days from the date of filing. This cannot be waived regardless of how quickly both parties agree.

  • Plan to file as early as possible
  • Negotiate and prepare the Settlement Agreement during the 60-day period
  • Finalization hearing can be scheduled any time after Day 61

Section 4 — The 50/50 Presumption

Indiana Code 31-15-7-5 creates a statutory presumption that an equal division of marital property is just and reasonable. This is the starting point.

Either party may rebut the presumption by presenting evidence on one or more of the 4 rebuttable factors:

  1. Contribution of each spouse to acquisition of the property
  2. Extent to which property was acquired before the marriage or through inheritance or gift
  3. Economic circumstances of each spouse at dissolution
  4. Conduct of the spouse related to dissipation (wasting) of assets

If the factors support deviation, the court can order an unequal split. But unlike most equitable distribution states, you must justify deviation from 50/50 rather than simply arguing for a fair outcome.

Section 5 — All Property in the Marital Pot

Indiana does not protect "separate property." The marital estate includes:

  • All property owned by either spouse at the time of dissolution
  • Property acquired before the marriage
  • Gifts received by either spouse during the marriage
  • Inheritances received by either spouse

This does NOT mean it will automatically be split 50/50 — the rebuttal factors can support unequal division of pre-marital or inherited assets. But it must be addressed, not ignored.

Section 6 — Maintenance (Spousal Support)

Indiana has very limited maintenance (spousal support). Indiana courts can only award maintenance in specific circumstances:

  • Physical incapacity of one spouse that makes full self-support unreasonable
  • Mental incapacity of one spouse
  • Court-ordered rehabilitative maintenance (max 3 years) to allow a dependent spouse to get education or training

General alimony as a lifestyle support mechanism does not exist in Indiana. This differs significantly from most states.

Section 7 — Children

If minor children are involved:

  • Legal and physical custody must be determined
  • Child support must be calculated per Indiana Child Support Guidelines
  • A parenting plan (parenting time schedule) is required
  • Provisional orders can address custody and support immediately during the case

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

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