Divorce in Indiana

State-specific overview · Family Law

Quick summary

Indiana allows immediate no-fault divorce with no mandatory waiting period if both spouses consent.

How Indiana treats Divorce

Indiana permits divorce based on irretrievable breakdown of the marriage with no waiting period if both spouses agree and file jointly, or a 60-day waiting period if one spouse contests the divorce. The state follows equitable distribution principles, dividing marital property fairly but not necessarily equally. Indiana courts consider numerous factors when awarding spousal maintenance and child support, including each party's earning capacity and the standard of living established during the marriage.

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The general definition of Divorce

The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.

Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.