Indiana Divorce Records

Indiana ranks amongst the top 15 states with the highest divorce rates and ranks top 10 for people getting divorced by the age of 30. The state has a divorce rate of 8.4 divorces per 1,000 residents, significantly higher than the U.S. rate of 6.9% per 1,000 people. Over 685,000 of Indiana's population are divorced, accounting for 10% of its population.

The Indiana Department of Health Vital Records Division maintains divorce records in Indiana. Divorce records are essential in documenting the dissolution of a marriage. These records may be categorized into the following:

• Divorce Decree: It is the official court order legally ending a marriage. It outlines the final judgment of the divorce, such as property division and child and spousal support.
• Divorce Certificate: A simplified and less detailed document that serves as an official record confirming the divorce occurred.
• Divorce Judgment: It is the formal written decision of the court that dictates the outcome of the divorce case. Typically, it includes all the court's findings and rulings.

Generally, Indiana divorce records are considered public documents. However, certain sensitive information may be restricted from the public. Divorce records are created when a divorce petition is filed at the courts. The county clerk's office is responsible for creating, maintaining, and retrieving divorce records, including case files, decrees, and judgments.

What Are the Residency Requirements for Divorce In Indiana?

Section 31-15-2-6 requires that at least one spouse must meet the residency criteria to file for divorce. Per the law, one of the spouses may live in the state for at least six months immediately before filing for divorce. In addition to the state residency requirement, the spouse filing must have lived in the county for at least three months before they may file for divorce.

What Are the Grounds for Divorce in Indiana?

Persons seeking divorce may provide legal grounds or reasons for the dissolution. Per Section 31-15-2-3 of the Indiana Code, there are two grounds on which couples may file for divorce.

• No-Fault Divorce: Generally, Indiana is a no-fault state for divorce. In a no-fault divorce, neither spouse has to prove that the other party did something wrong in the marriage. Instead, one spouse may simply state that the marriage has broken down and cannot be saved. Also called Irretrievable breakdown of the marriage, it implies that the marriage has broken down beyond repair and that reconciliation is not possible.
• Fault-Based Divorce: Although Indiana is largely a no-fault state, it does recognize fault-based grounds for divorce. Fault-based divorce requires one spouse to prove that the other spouse's conduct caused the breakdown of the marriage. The following are the fault-based grounds for divorce in Indiana:
  • Conviction of either party, after the marriage, of a felony
  • Impotence existing at the time of the marriage
  • Incurable insanity of either party for at least two years

How Much Does It Cost To File for Divorce in Indiana?

The cost of filing for a divorce in Indiana varies depending on factors such as the county where the divorce is filed or whether the divorce is contested or uncontested. Generally, it costs between $157 and $200 to file for divorce in Indiana. In addition to the filing fees, other costs arise during the divorce process, such as:

• Attorney fees
• Mediation and counseling
• Property division
• Property appraisal costs
• Expert witness fees
• Alimony payments
• Child custody and parenting evaluations
• Joint debts

The average court and legal fees for divorce in Indiana is around $9,157. Compared with neighboring states like Michigan and Ohio, with divorce costs per person of $10,215 and $ 9,350, respectively, Indiana has relatively low divorce fees. Likewise, the state has a slightly lower cost of divorce than the national average cost of $9,969.

How Long Is the Waiting Period for Divorce in Indiana?

Indiana has a mandatory waiting period of 60 days from the filing date of the divorce petition. This cooling-off period is intended to provide time for both spouses to reconsider their decision to legally end the marriage and if possible, attempt reconciliation.

The waiting period differs from the separation period. The waiting period is the time between filing the divorce petition and the divorce finalization. The separation period, on the other hand, is the length of time that the couple has lived apart before filing for divorce. There is no mandatory separation period before filing for divorce in Indiana.

How To File for Divorce in Indiana

Filing for divorce in Indiana involves several legal steps. Generally, how the couple proceeds on their divorce depends on whether it is contested or uncontested. The following outlines the steps to file for divorce in the state:

• Meet the residency requirement.
• Prepare and file the Petition for Dissolution of Marriage. Petitioners may complete the Divorce with Children and Agreement Forms or the Divorce no Children with Agreement Forms.
• File a written waiver of the final hearing signed by both parties or a statement that there are no contested issues in the divorce to bypass the court hearing process.
• Verify the petition.
• Notify the non-filing spouse and file proof of service with the court.
• The respondent files a response to the divorce petition within 30 days.
• Request temporary orders to address matters such as child and spousal support and physical custody of children.
• Attend a hearing. The court holds a trial where the divorce is contested. Additional documentation, such as bank statements, credit card statements, tax returns, and appraisal evaluations may be requested by the courts. No trial is necessary for an uncontested divorce.

The Indiana court system provides legal help tools to access additional resources and information on divorce processes in the state.

Are Divorce Records Public in Indiana?

In Indiana, divorce records are generally considered public records and open to anyone on request per the Indiana Access to Public Records Act. However, the extent to which the public may access divorce records depends on the type of divorce records and the sensitivity of the information contained. Indiana law permits public access to basic information on divorce records, such as the names of the parties and the final judgment.

Sensitive and personal information contained in divorce records, such as details about minors, medical records, and domestic abuse, is restricted from the public. Likewise, sealed divorce records are restricted from the public. Only parties involved in the case, their attorneys, or persons with a court order may access restricted or sealed divorce records.

How To Get Certified Copies of a Divorce Decree in Indiana

A divorce decree is an official court document outlining the divorce terms and the court's final judgment. Typically, it includes information on property division, alimony, and other legal agreements. Divorce decrees are issued by the county Probate and Family Court Clerk, and only authorized persons may obtain a certified copy. Access to certified copies of the divorce decree is limited to the divorced parties, attorneys, their immediate family members, and persons with legal interest.

Divorce decrees differ from divorce certificates. Divorce certificates contain basic information about the divorce, such as the names of the parties and the location of the divorce. It serves as proof of the divorce and is generally more accessible to the public. Divorce certificates may be obtained from the Clerk of Court in the county where the divorce was finalized. It costs $15 to obtain a divorce certificate.

Interested persons may access certified copies of a divorce decree in Indiana by contacting the Clerk of Court Office in the county where the divorce petition was filed. Certified copies of divorce decrees are processed within three weeks of applying and cost around $25 to retrieve the records.

Divorce Settlement: Is Indiana a 50/50 State?

Indiana adopts the principle of equitable property distribution following a divorce. Under equitable property distribution, the courts aim to split the marital assets in a way that is fair and just but not necessarily equal or 50/50. While Indiana is not a 50/50 state, it is the starting point of dividing the property. The courts consider the following during the equitable distribution of assets

• The length of the marriage
• The spouse's contributions and earning capacity
• The economic circumstances of each spouse
• Custody of children

In community property distribution, marital assets are typically split 50/50 between spouses, regardless of factors like income or spouses' contribution to the marriage. All assets acquired during the marriage are split equally, while assets owned before the marriage or acquired individually remain with the owner.

FAQs About Divorce Process In Indiana

The following are answers to frequently asked questions about the divorce process in Indiana.

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