Indiana Divorce

The Indiana Family Law Center is a resource on divorce and family law in the State of Indiana for non-lawyers and pro se litigants. Please let us know if we have omitted a link to an important state resource and we will gladly add it.

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Glossary of Family Law Terms
Indiana Judicial System
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Indiana Mediation Law
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Indiana University School of Law Library

State Statutory Resources
Indiana State Code - TITLE 31

Divorce Law
IC 31-15-2-3, Grounds for decree
31-15-2-3 Sec. 3. Dissolution of marriage shall be decreed upon a finding by a court of one (1) of the following grounds and no other ground:
(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.
As added by P.L.1-1997, SEC.7.

IC 31-15-2-6, Residence
31-15-2-6 Sec. 6. (a) At the time of the filing of a petition under section 4 of this chapter, at least one (1) 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.
(b) At the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:
(1) a resident of the county; or
(2) stationed at a United States military installation within the county;
where the petition is filed for three (3) months immediately preceding the filing of the petition.
As added by P.L.1-1997, SEC.7.

...For further information, please refer to the Indiana State Code - TITLE 31

General Information About Divorce
More General Information About Divorce - .PDF brochure
FAQ's Divorce
Divorce and Residence

Marriage and Living Together Law
Indiana Marriage License Law
General Marriage Requirements
How Old Do I Have to be to Get Married?

Child Support
IC 31-16-6-1, Child support orders; relevant factors; account at financial institution
31-16-6-1 Sec. 1. (a) In an action for dissolution of marriage under IC 31-15-2, legal separation under IC 31-15-3, or child support under IC 31-16-2, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed if:
(A) the marriage had not been dissolved; or
(B) 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.
(b) The court shall order a custodial parent or third party under IC 31-16-10-1 who receives child support to obtain an account at a financial institution unless:
(1) the custodial parent or third party files a written objection before a child support order is issued; and
(2) the court finds that good cause exists to exempt the custodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shall provide the clerk of the circuit court or other person or entity acting as assignee or trustee for remittance with an account number and any other information necessary to transfer funds to the account.
(c) In accordance with its policies, a financial institution may restrict or deny services to a person ordered to obtain an account under this section.
(d) This section may not be construed to require the clerk of the circuit court to remit child support payments by electronic funds transfer.
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.9.

IC 31-16-6-2, Expenses for child's education and health care; Title IV-D fees
31-16-6-2 Sec. 2. (a) 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 institutions of higher learning, taking into account:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educational expenses through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably available to the child and each parent; and
(C) 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).
(b) If the court orders support for a child's educational expenses at an institution of higher learning under subsection (a), the court shall reduce other child support for that child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
As added by P.L.1-1997, SEC.8.

...For further information, please refer to the Indiana State Code - TITLE 31

Child Support Explained
General Information About Child Support
How Do Courts Calculate Child Support?
Indiana Child Support Rules and Guidelines
Indiana Parenting Time Guidelines
Indiana Child Support Calculator - by www.AllLaw.com
Indiana Child Support Calculator - by Indiana Courts
What if I am behind in my child support payments?
Changing Child Support Orders
Who claims the child as a dependent for tax purposes?
Child Support and Social Security Benefits
General Information About Child Support and Non-Citizens
Child Support and Military Pay
Indiana Division of Family and Social Services

Child Custody and Visitation Law
IC 31-17-2-8, Custody order
31-17-2-8 Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7; P.L.133-2002, SEC.32.

...For further information, please refer to the Indiana State Code - TITLE 31

General Information About Child Custody
Who Has Custody of the Child if there is no Court Order?
What is Joint Custody?
Who has Custody of a Child Born Outside of Marriage?
Modifying Child Custody
Custodial Parent Moving With Child
Can my child testify at the custody hearing, or talk to the judge?
School Enrollment-when child goes to live with other parent.
Enrolling a Child in School When You are not the Child's Custodial Parent
FAQ on Child Custody and Visitation
Child Custody Resources

General Information About Visitation
Indiana Parenting Time Guidelines
Relationship between Visitation and Child Support
What if the custodial parent won't let me visit my child?
What if I think the non-custodial parent's visits are harmful to my child?
General Information About Grandparent's Visitation 

Property Division
IC 31-15-7-4. Division of property
31-15-7-4 Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:
(1) owned by either spouse before the marriage;
(2) acquired by either spouse in his or her own right:
(A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.
As added by P.L.1-1997, SEC.7.

IC 31-15-7-5, Presumption for equal division of marital property; rebuttal
31-15-7-5 Sec. 5. 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:
(A) before the marriage; or
(B) 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:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
As added by P.L.1-1997, SEC.7.

...For further information, please refer to the Indiana State Code - TITLE 31

How are Property and Debts Divided in a Divorce?
What Happens in a Divorce if Someone has a Pension?
Can a creditor come after me for my spouse's debts?