Indiana Dissolution of Marriage FAQ — Most Common Questions (2026)

Basics

Why does Indiana call it "Dissolution of Marriage" instead of "divorce"? Indiana's statutes use the term "Dissolution of Marriage" (IC Title 31, Article 15). The result is the same — the legal termination of the marriage. The terms are used interchangeably in common usage.

How long do I have to live in Indiana before filing? 6 months in Indiana AND 3 months in the county where you file. At least one spouse must meet both requirements.

What is the no-fault ground in Indiana? "Irretrievable breakdown of the marriage." One spouse's assertion is sufficient; the other does not need to agree.

The 60-Day Wait

Can the 60-day waiting period be waived? No. Indiana Code 31-15-2-10 makes the 60-day period mandatory. No judge can waive it, and no agreed settlement can override it.

When does the 60-day period start? The day the Petition is filed with the court — not the day of service, not the day the Settlement Agreement is signed.

Property Division

Is Indiana a 50/50 state? Indiana has a statutory presumption that equal division is just and reasonable. 50/50 is the starting point. Either party can rebut the presumption with evidence, but 50/50 is where the court begins.

Can the court take my inheritance? Yes — Indiana puts inheritances in the marital pot. The fact that it was an inheritance is a rebuttal factor that can support deviating from 50/50, but it does not automatically exclude the asset from consideration.

What about my 401k I had before we were married? The entire 401k — including pre-marital contributions — is in the marital pot. The pre-marital balance is a rebuttal factor (Factor 2 under IC 31-15-7-5) supporting deviation, but it doesn't automatically protect the pre-marital portion.

Maintenance

Can I get alimony from my ex-spouse in Indiana? Indiana calls it "maintenance" and limits it to 3 specific situations: physical incapacity, mental incapacity, or rehabilitative maintenance (max 3 years). General alimony as a lifestyle-support mechanism does not exist in Indiana.

What if my spouse and I agree on extended maintenance? Parties can agree to maintenance beyond the statutory limits through contract. Courts will generally enforce a private maintenance agreement that exceeds statutory caps if it is voluntary and supported by consideration.

Children

How is child support calculated? Using the Indiana Child Support Guidelines Worksheet. The Indiana Supreme Court provides an online calculator at courts.in.gov/childsupport. Support continues until the child turns 19.

What are Provisional Orders? Temporary orders entered during a pending dissolution that provide temporary custody, parenting time, and child support while the case is pending. Can be requested early in the case.

Forms and Filing

Where do I get Indiana dissolution forms? courts.in.gov/selfservice — free, fillable PDFs covering the complete dissolution process.

Do I have to appear in court? For an agreed dissolution: typically a brief finalization hearing is required. For a contested dissolution: hearings are more extensive. Check with your county court.

Last reviewed: March 2026 | forms: courts.in.gov/selfservice | 50/50 presumption | ALL property in marital pot | 60-day wait cannot be waived

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.