Indiana Divorce Laws 3

In: Indiana

Divorce Law Basics in the State of Indiana

Also See: Indiana Marriage Laws

Statute: Indiana State Divorce Code (Title 31, Article 15):

No-Fault Grounds: Irretreivable breakdown

At-Fault Grounds:

  • Conviction of a felony after the marriage
  • Impotence existing at time of marriage
  • Incurable insanity for at least two years

Residency: Either party must have been a resident of the state for at least 6 months and a resident of the county for at least 3 months prior to filing.

Legal Separation Recognized? Yes. May not be filed if a petition for divorce has already been filed.

Counseling Requirements: None.

Property Distribution : Indiana relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge.


  • rebecca contreras

    my husbands divorce got rejected and he did not know it and he got married again. is our marriage fixed after the divorce is or do we have to get remarried

  • Tammie

    Need answers for state of indiana. My husband and i have been seperated for over a year…..he refused to leave the house that we purchased together so i left and have establishd my own residency in an apartment. He currently is having his new girlfriend living in that home, has been paying on the mortage for the past 8 months on his own, and refuses to give me my share of the 15 yrs of equity. I am going to file for divorce on my own because i cannot afford a lawer, is what he is doing illegal?

  • fourpetalled lily

    If I have an affair with a married man, can I be subpoenaed to testify in a custody hearing if he gets divorced? We all live in Indiana.