Top 5 Indiana Divorce Laws

The top 5 things everyone should know about Indiana divorce laws.


To file for divorce, Indiana divorce laws require either the petitioner or the respondent to have been a resident of the state for at least six months. Additionally, one of the spouses must have been a resident of the county where the petition is filed for at least three months.

Indiana allows for a no-fault divorce, due to irretrievable breakdown of the marriage. However, state law permits only three grounds for a \"fault\" divorce: a felony after the marriage, impotence at the time of the marriage, or incurable insanity for at least two years.

The court presumes that equal division of community property between the spouses is \"just and reasonable.\" However, courts may award one spouse more of the marital estate, all of this is dependant on the contribution each spouse made to the property\'s acquisition.

The mental and physical health of both child and parents will be taken into consideration, as well as any evidence that domestic violence occurred in the marriage, when determining child custody, under Indiana divorce laws.

Indiana law establishes a minimum of a 60 day waiting period after the petition for dissolution is filed, before a divorce can become finalized.

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