Indiana Dissolution of Marriage Without Children (2026)
Indiana dissolution without children is one of the more straightforward paths in the country — low filing fees, free self-help forms, and an agreed case can be finalized as soon as the mandatory 60-day wait expires.
Overview
| Factor | Rule |
|---|---|
| Minimum time | 60 days from filing |
| Filing fee | $131–$176 |
| Property presumption | 50/50 (rebuttable) |
| Marital pot | All property — including pre-marital, gifts, inheritances |
| Maintenance | Very limited (specific statutory grounds only) |
| Forms | courts.in.gov/selfservice |
What the Settlement Agreement Must Cover (No Children)
All Real Property
- Identify each property
- Agreed fair market value
- Who keeps it, or sale terms
- Equity split (50/50 baseline or documented deviation)
- Refinancing deadline for keeping spouse; fallback if not met
- Deed recording at county Recorder's office
All Financial Accounts
- Each bank account (institution, type, split method)
- Each investment account
- Each retirement account — specify QDRO or IRA transfer, and the division formula
Vehicles
- Each vehicle (year, make, model), who keeps it, loan responsibility
Debts
- Each significant debt — assign to one spouse; indemnification language
Maintenance
Indiana maintenance (spousal support) requires specific statutory grounds — physical incapacity, mental incapacity, or rehabilitative (max 3 years). If no grounds exist, include a clear written waiver:
"The parties each waive any claim for spousal maintenance."
Pre-Marital and Inherited Assets
Even if both parties agree that a pre-marital asset or inheritance stays with the original owner, address it in the Settlement Agreement explicitly. Reference the rebuttal factor if deviating from 50/50 for any specific asset:
"Husband's pre-marital IRA with a balance of $X as of the date of marriage is awarded entirely to Husband. The parties agree this constitutes a just deviation from the equal division presumption based on Husband's pre-marital contribution."
The Process (No Children)
1. Complete the Settlement Agreement
Include all property, debt, and maintenance provisions. Both spouses sign.
2. File the Petition + Settlement Agreement
File at the Circuit or Superior Court. Pay $131–$176. Note the filing date — 60-day clock starts.
3. Wait 60 Days
Cannot be waived. Use the time to finalize any remaining arrangements.
4. Finalization Hearing
Schedule after Day 60. Attend with Settlement Agreement. Judge reviews and enters the Decree of Dissolution.
5. Post-Dissolution
Record deed, transfer vehicles, execute QDRO, update beneficiaries.
Common Mistake: Not Addressing Pre-Marital Accounts
Because Indiana puts ALL property in the marital pot, not addressing a pre-marital 401k or savings account in the Settlement Agreement creates ambiguity. Even if both parties agree the original owner keeps it, this should be written down with the rebuttal basis.
Last reviewed: March 2026 | Forms: courts.in.gov/selfservice | 50/50 presumption is rebuttable | 60-day wait mandatory
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.