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Indiana Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Indiana divorce. Make sure that your situation matches all the requirements. Indiana Uncontested Divorce online  
 

Requirements for Indiana Divorce

(All references are made to the Indiana Code 31-15. Family Law) 		 
 

RESIDENCY REQUIREMENTS:

At the time of the filing of a petition at least one of the parties must have been:
  1. a resident of Indiana; or
  2. stationed at a United States military installation within Indiana for six (6) months immediately preceding the filing of the petition.
In addition, at the time of the filing of a petition at least one of the parties must have been a resident of the county where he/she files for divorce, or stationed at a United States military installation within the county, for three (3) months immediately preceding the filing of the petition. (Indiana Code 31-15-2-6)

GROUNDS FOR DIVORCE:

At least one of the following grounds must exist for your marriage to be dissolved:
  1. Irretrievable breakdown of the marriage.
  2. The conviction of either of the parties, subsequent to the marriage, of a felony.
  3. Impotence, existing at the time of the marriage.
  4. Incurable insanity of either party for a period of at least two (2) years.
A final hearing shall be conducted not earlier than sixty (60) days after the filing of the petition. (Indiana Code 31-15-2-3)

DIVORCE AGREEMENTS:

Indiana law favors separation agreements. To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for:
  • the maintenance of either of the parties;
  • the disposition of any property owned by either or both of the parties; and
  • the custody and support of the children of the parties.
In an action for dissolution of marriage the terms of the agreement, if approved by the court, shall be incorporated and merged into the decree and the parties shall be ordered to perform the terms; or the court may make provisions for:
  1. the disposition of property;
  2. child support;
  3. maintenance; and
  4. custody
(Indiana Code 31-15-2-17)

SUMMARY DISSOLUTION DECREE:

In Indiana a court may enter a summary dissolution decree without holding a final hearing if both parties settled any contested issues, or, filed verified pleadings with the statements that there was no contested issue in this action, and a written waiver of final hearing. (Indiana Code 31-15-2-13)

DIVISION OF PROPERTY:

The disposition of property settled by an agreement and incorporated and merged into the decree is not subject to subsequent modification by the court, except as the agreement prescribes or the parties subsequently consent. (Indiana Code 31-15-2-17)
 
The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
  1. The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
  2. The extent to which the property was acquired by each spouse:
    1. before the marriage; or
    2. through inheritance or gift.
  3. The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
  4. The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
  5. The earnings or earning ability of the parties as related to:
    1. a final division of property; and
    2. a final determination of the property rights of the parties.
(Indiana Code 31-15-7-5)

CHILD CUSTODY:

In an action for dissolution of marriage, legal separation, or child support, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct.
 
The court has to consider all relevant factors including but not limited to:
  1. the financial resources of the custodial parent;
  2. the standard of living the child would have enjoyed if the marriage had not been dissolved; or the separation had not been ordered;
  3. the physical or mental condition of the child and the child's educational needs; and
  4. the financial resources and needs of the noncustodial parent.
(Indiana Code 31-16-6-1)
 
As part of the child support order the court may set apart the part of the property of either parent or both parents that appears necessary and proper for the support of the child. Indiana Code 31-16-6-3)
 
The child support order or an educational support order may also include, where appropriate:
  1. amounts for the child's education in elementary and secondary schools and at postsecondary educational institutions, taking into account: the child's aptitude and ability; the child's reasonable ability to contribute to educational expenses through:
    1. work;
    2. obtaining loans; and
    3. obtaining other sources of financial aid reasonably available to the child and each parent; and the ability of each parent to meet these expenses;
  2. special medical, hospital, or dental expenses necessary to serve the best interests of the child; and
  3. fees mandated under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).
(Indiana Code 31-16-6-2)
 
The best interest of the child is the key test to determine child custody matters.
 
The court awards joint legal custody if it finds that to be in the best interest of the child. The court can award joint legal custody without awarding joint physical custody of the child. In determining whether an award of joint legal custody would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an award of joint legal custody.
 
The court shall also consider:
  1. the fitness and suitability of each of the persons awarded joint custody;
  2. whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child's welfare;
  3. the wishes of the child, with more consideration given to the child's wishes if the child is at least 14 years of age; and
  4. whether the child has established a close and beneficial relationship with both of the persons awarded joint custody;
  5. whether the persons awarded joint custody live in close proximity to each other and plan to continue to do so; and
  6. the nature of the physical and emotional environment in the home of each of the persons awarded joint custody.

NAME RESTORATION:

A woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution. (Indiana Code 31-15-2-18)
 
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