Your Guide to Divorce in Indianapolis, Indiana

Grounds for Divorce in Indianapolis, IN

Couples seeking to dissolve their marriage in Indiana may do so for several reasons recognized by state law, including:

• Irreconcilable differences that have led to the permanent breakdown of the marriage
• Conviction of a felony after the marriage
• Impotence existing at the time of marriage
• Incurable insanity lasting for at least two years

Indiana recognizes both “fault-based” and “no-fault” divorce grounds. Most individuals file based on an irretrievable breakdown, which does not require proving wrongdoing by either spouse. During divorce proceedings, the court will typically address the following key matters:

• Division of marital assets and debts
• Spousal maintenance (alimony)
• Child custody and parenting time
• Child support obligations

Residency Rules for Divorce in Marion County, Indiana

Before filing for divorce in Indianapolis or anywhere in Marion County, one of the spouses must have lived in the state of Indiana for a minimum of six months. Additionally, they must have resided in the county where the petition is filed for at least three months prior to filing. Petitions for dissolution can be filed in the appropriate county where either party meets these residency requirements.

Divorce Filings in Indianapolis, IN

Divorce cases in Indianapolis are filed in the Marion County Circuit Court. The formal request to begin a divorce is known as a Petition for Dissolution of Marriage. Once the case is finalized, the court will issue a Decree or Judgment of Dissolution of Marriage, which officially ends the marriage. The spouse who initiates the process is called the Petitioner, while the other spouse is the Respondent.

Legal Separation in Indianapolis, Indiana

For some couples, legal separation may be a temporary or alternative solution to divorce. A legal separation order allows spouses to remain legally married while addressing issues such as financial responsibilities, custody arrangements, and spousal maintenance. This may be appropriate for those who wish to live apart without permanently dissolving their marriage.

Spousal Maintenance (Alimony) in Indianapolis, IN

In Indiana, alimony is referred to as spousal maintenance. It is designed to help a financially dependent spouse transition toward independence or meet ongoing needs due to disability or other circumstances. Courts evaluate each case individually to determine whether maintenance should be awarded, how much should be paid, and for how long.

Types of maintenance recognized in Indiana include:

• Temporary Maintenance: Short-term support provided while the divorce is pending.
• Rehabilitative Maintenance: Financial assistance (up to three years) to help a spouse obtain education or job training.
• Maintenance for an Incapacitated Spouse: Awarded when one spouse cannot work due to physical or mental incapacity.
• Custodial Parent Maintenance: Granted when a spouse must stay home to care for a dependent child with a serious disability.

Judges have discretion when awarding maintenance and will base decisions on factors such as each spouse’s income, education, and employment history, as well as any caregiving responsibilities during the marriage.

Property Division in Indianapolis, Indiana

Indiana follows the principle of equitable distribution, which means marital property is divided fairly, though not always equally. The law presumes an equal split to be fair unless one party can demonstrate that another arrangement would be more just.

The court considers several factors when determining property division, including:

• Each spouse’s contribution to the acquisition or upkeep of assets
• Economic circumstances of each spouse after the divorce
• Conduct of each party with respect to marital finances
• Each spouse’s earning capacity and future financial outlook
• Any written agreements between the parties, such as a prenuptial or postnuptial contract

Marital property includes all assets and debts acquired during the marriage, regardless of whose name they are in. Property acquired after the date of filing for divorce or separation is generally excluded.

Child Custody and Parenting Time in Indianapolis, IN

In Indiana, custody decisions are guided by what is in the best interests of the child. Courts presume that frequent and meaningful contact with both parents benefits children, provided it is safe and appropriate. The Indiana Parenting Time Guidelines emphasize cooperation and open communication between parents to support the child’s stability and emotional health.

When determining custody or parenting time, the court may consider:

• Each parent’s relationship and involvement with the child
• The child’s adjustment to their home, school, and community
• The wishes of the child (depending on age and maturity)
• Each parent’s mental and physical health
• Any history of domestic violence or substance abuse

Parents are encouraged to work together to create a parenting plan. If they cannot agree, the court will make a determination based on the child’s best interests.

Child Support in Indianapolis, Indiana

Following a divorce or legal separation, both parents are legally required to contribute to their child’s financial support. The amount of child support is based on the Indiana Child Support Guidelines, which calculate payments primarily using each parent’s weekly gross income.

This may include:

• Wages or salary
• Self-employment income
• Bonuses and commissions
• Rental or investment income
• Overtime or other irregular earnings

Courts may also require a parent to provide health insurance or cover specific expenses related to the child’s education and care.

Name Change After Divorce in Marion County, IN

A spouse in Marion County may request to restore a former or maiden name as part of the divorce process. This request is typically included in the final divorce decree and granted at the time the dissolution is finalized.