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Indiana State Laws
Updated for 2026

Indiana Divorce Laws

Your complete guide to divorce in Indiana. Indiana presumes 50/50 property division and has limited spousal maintenance.
6 months
Residency Required
60 days
Waiting Period
50/50
Presumption
$11,000
Average Cost

Understanding Indiana Divorce Law

Property Division

Indiana presumes 50/50 division of marital property. Courts can deviate based on relevant factors.
50/50 Presumption

Grounds for Divorce

No-Fault: Irretrievable breakdown of marriage
Fault: Conviction of felony, impotence, incurable insanity (2+ years)
Primarily No-Fault

Child Custody

Courts determine custody based on best interests. Indiana has detailed parenting time guidelines.
Best Interests

Child Support

Uses the Income Shares Model with detailed worksheet calculations.
Income Shares Model

Child Custody Factors

1
Age and sex of the child
2
Wishes of child and parents
3
Relationship with parents, siblings, others
4
Adjustment to home, school, community
5
Mental and physical health of all parties
6
Evidence of domestic violence
7
Whether child has been cared for by de facto custodian

Spousal Maintenance (Limited)

Incapacity Maintenance

For physically or mentally incapacitated spouse

Rehabilitative Maintenance

Max 3 years for education or training

Caregiver Maintenance

For spouse caring for incapacitated child

Key Statutes

IC 31-15-2-3
Grounds for Dissolution
Irretrievable breakdown and limited fault grounds
IC 31-15-7-4
Property Division
Equal division presumption
IC 31-17-2-8
Child Custody
Best interests factors
IC 31-16-6-1
Child Support
Support guidelines

Recent Changes

2024
Child Support Updates
Indiana updated child support worksheets with new income considerations.
2023
Parenting Time Guidelines
Revised parenting time guidelines with more flexibility for shared custody.

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