Divorce in Indiana

If you are considering divorce, you likely have questions about the process and the eventual outcome. If you have children, your questions multiply.

What happens when I file for divorce?

Indiana is a “no fault” state, meaning that neither party must have done something wrong for a divorce to occur. Once your divorce is finalized, the court will:

1. End the marriage;
2. Divide your marital property and debts;
3. Determine custody, visitation, and support of children;
4. Reinstate a maiden name (if desired); and
5. Order any other remedies, such as counseling, spousal maintenance, or protective orders.

How will our debts and assets be divided?

In Indiana, there is a presumption that each spouse will take 50% of the assets and 50% of the debts. However, that percentage can be increased or decreased depending on certain factors considered by the judge in your case.

How much does it cost?

Depending on which county you file in, a filing fee will be between $132 and $152. If you have children, there may be an additional fee associated with the required class for helping children cope with divorce. From there, if you have an attorney, your fees will vary depending on the complexity of your case.

How long will it take for my divorce to finalize?

Once you have filed for divorce, you must wait 60 days for your divorce to finalize. During this waiting period, the Judge may issue provisional or temporary orders on issues, such as custody and support, which will only be in effect until your final hearing. Depending on the circumstances of your case, however, it may take longer to finalize.

What if we have kids?

As part of your final decree, the Court will determine issues of custody, visitation, and support. The Court will look to what is in the best interest of the child in deciding custody and visitation. Indiana has state guidelines for visitation and support of children, which the Judge will then use to set terms for your case. Following the finalization of the divorce, any modifications to custody, visitation, and support will be decided by the same court.

Divorce takes its toll on children. Indiana requires all parents going through a divorce to complete a class to assist their children in dealing with the divorce.

If you are considering filing for divorce, contact the Family Law attorneys at McNeelyLaw LLP at (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.