Divorce Law in Indiana
Are you facing an expensive separation in Indiana? Has your spouse already hired an attorney?
Many couples struggle to compromise on property, support, and custody arrangements. When this happens, mediation or court action is often needed to settle disagreements and move the case forward.
Issues Involved in Indiana Divorce Law
Navigating divorce involves many emotionally charged decisions. Each dispute—large or small—must be resolved before a marriage can be legally dissolved.
Dividing Property
Property division is one of the most difficult aspects of divorce. In most states, including Indiana, property and debt accumulated during the marriage is generally considered marital property. This includes:
- Homes and vehicles
- Checking and savings accounts
- Retirement or investment funds
- Stocks and other financial assets
Some states divide everything evenly, while others follow the equitable distribution model. In equitable distribution, a judge examines each spouse’s contributions to the marriage, earning power, and future financial needs before dividing assets. The result may not be a precise 50/50 split.
Child Support
Both parents must contribute financially to raising their children. Child support is designed to cover everyday essentials like healthcare, clothing, food, and school-related expenses.
The Indiana Courts provide a support calculation worksheet based on weekly net income. The total must be recalculated regularly, and payments must be kept current. Failure to comply can lead to wage garnishment, contempt charges, and even jail time, though courts typically try to work with parents to resolve payment issues before imposing penalties.
Alimony
Alimony, referred to as spousal maintenance in Indiana, provides financial assistance to a spouse who may struggle to support themselves after the divorce. Judges in Indiana review several factors, such as:
- One spouse’s financial need and the other’s ability to pay
- Each spouse’s health and age
- Length of the marriage
- Education or earning potential
- Property awarded during the divorce
- Childcare duties and parental responsibilities
- Separate investments or personal assets
Indiana does not rely on a specific formula. Instead, the law recognizes three types of support: rehabilitative, incapacity, and custodial without property. Rehabilitative maintenance is temporary and helps a spouse regain financial independence. Incapacity and custodial without property may continue longer, depending on a judge’s discretion.
Child Custody and Visitation
Child custody is often the most emotionally challenging part of divorce. Courts focus entirely on the best interests of the child—not the preferences of either parent.
The Indiana Association of Resources and Child Advocacy explains that courts consider many factors, including:
- The child’s age and developmental needs
- Emotional ties to each parent
- Ability to adjust to a new home or school
- Physical and mental health of everyone involved
Although custody battles are stressful, a qualified Indiana divorce attorney can guide and support parents through the process. In most cases, joint legal custody is awarded, giving both parents authority over major decisions regarding medical care, education, and religious upbringing. This is separate from physical custody or visitation time.
The Process of Going Through Divorce Law in Indiana
If you are considering ending your marriage, learning the steps of the divorce process can help you prepare.
Step 1: File the Divorce Petition
A spouse officially begins the process by filing a petition to dissolve the marriage. This petition must include:
- Grounds for the divorce
- Proof of residency within the state
- Any additional information required by statute
Indiana recognizes no-fault divorces. You only need to show that the relationship has broken down and cannot be repaired.
Step 2: Request Temporary Orders
Because divorce can take several months, spouses can request temporary court orders about:
- Custody
- Child support
- Spousal support
- Protection of property
- Status quo rulings
Temporary orders help ensure financial stability and protect both parties while the case is pending.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files the petition must ensure that the other spouse is properly served with the papers. If the spouse accepts the documents, they sign an affidavit confirming receipt. Otherwise, a sheriff or professional process server can deliver the papers, and the third party files proof of service with the court.
Step 4: Try to Come to an Agreement
An uncontested divorce is possible when both spouses agree on all issues. This agreement may be reached directly between the parties or with help from a mediator. Uncontested divorces usually cost less and reduce tension, making the process easier for everyone involved.
Step 5: Go to Court
If you cannot agree, the case moves to court, and a judge makes the final decision. While this can provide resolution, it also means spouses lose control over the terms. Divorce actions are often handled in District Courts. For example, someone filing in Indianapolis would submit the paperwork to the Marion County Clerk before attending court hearings.
Step 6: Receive the Judgment of Divorce
When all issues have been resolved, the judge issues a final judgment of divorce. This ruling officially ends the marriage and outlines child custody, visitation, property division, debt division, and support obligations.
Work With an Experienced Indiana Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Indiana divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Indiana state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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