Residency Requirements:
In order to file for divorce in the state of Indiana, the filing spouse
must have been a resident of Indiana for at least six months.
Legal Separation:
Legal Separation:Legal separation may be granted on the
grounds that it is currently intolerable for the spouses to live
together. One spouse must meet the same residency requirements as
for the dissolution of marriage.
General Divorce Procedure:
The court will grant a summary dissolution if:
1) 60 days have passed since filing for a
petition for dissolution of marriage;
2) the petition was verified and signed by both spouses;
3) the petition contains a provision which waived
a final hearing;
4) the petition contains either a statement that
(a) there are no contested issues; or
(b) that the spouses have made
a written marital settlement agreement concerning any contested issues.
If some issues remain contested, the court may hold a final hearing
on those issues.
Title of Divorce action:
Petition for Dissolution of Marriage.
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Grounds for Indiana Divorce:
There are two types of grounds for divorce in Indiana.
No-fault:
Indiana recognizes the
no-fault ground of irretrievable b breakdown of the marriage.
Fault-based:
Fault-based grounds include:
1) Impotence at the time of marriage;
2) Conviction of a felony;
3) Permanent insanity for at least two years.
Mediation or Counseling:
If the court or either spouse request counseling, then the court may
delay the divorce proceeding for up to 45 days.
Where to file for divorce:
The divorce is filed in the county in which one of the spouses has
been a resident for at least three months.
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