Divorce Residency Essentials to Get Divorce in Indiana

To file for divorce in the state of Indiana, the filing spouse must have lived in the state for at least six months. Indiana has a mandatory 60-day waiting period for both contested and uncontested divorce cases.

Reasons for Divorce in Indiana

There are both at-fault and no-fault grounds for divorce within the state of Indiana.

The no-fault grounds for divorce include the irretrievable breakdown of the marriage.

The at-fault grounds for divorce include felony conviction of either of the parties subsequent of the marriage, impotence existing at the time of marriage, and incurable insanity of either party for at least two years.

Custody of the Children in Indiana

The divorcing parties can agree to either joint or sole legal and physical custody of the children. Legal custody means that the parent has the right to participate in all important decisions involving the child. The court can award either joint or sole legal custody in a contested divorce. The court will determine physical custody for the child based on what is deemed to be in the best interests of the child.

When determining all custody issues, the court will take into account the wishes of the parents as well as the child, if the child is of mature age. The court will also consider any bond between the child, parents, siblings, and a child’s adjustment to the home, school, and community. The mental and physical health of all parties involved is also considered in all custody decisions.

Indiana Child Support Guidelines

The standard Indiana state child support guidelines apply in virtually every divorce case within the state, unless there are exceptional circumstances. Both spouses’ gross income and child-related expenses are considered when calculating child support. Child support continues until the child reaches the age of 18, but it may be extended through the child's secondary education.

Venue

Divorce in Indiana may be filed in the District Court of the county in which either spouse currently resides. Preference should be given to the home county of any minor children, if applicable.

Divorce Mediation

Before filing for divorce, or anytime during the divorce proceedings, the parties may choose to submit any or all issues to mediation. If all contested issues can be resolved in arbitration, the case can proceed as an uncontested divorce.

Filing fees

Court filing fees are in addition to the cost of using OnlineDivorcePapers.com. The filing fees vary from county to county. Check with your local courthouse to learn the exact amount.