Divorce in Indiana runs on state law with a few features that surprise people used to hearing about 'marital property' elsewhere — most notably, Indiana puts everything you own into one pot before dividing it.
Indiana is a 'one-pot' state. Under Indiana Code Title 31, the marital pot generally includes all property either spouse owns at the time of filing — not just what was acquired during the marriage. That means property you brought into the marriage, inheritances, and gifts received by only one spouse are still part of the pot to be divided, unlike in states that carve those out automatically. Indiana courts start from a presumption that an equal (50/50) division is just and reasonable, but that presumption can be rebutted by factors such as each spouse's pre-marriage contribution, earning ability, and how the property was acquired — so a letter proposing an unequal split isn't unusual, and it isn't automatically wrong either. Confirm how any specific division is justified with a local family law attorney.
Indiana also has a mandatory 60-day waiting period: courts generally cannot finalize a divorce until at least 60 days after the petition is filed, even if both spouses agree on everything. Filing happens in the Circuit or Superior Court of the county where at least one spouse meets the state's residency requirements — commonly described as roughly six months in the state and a shorter period in the county, though you should confirm current residency rules with the filing court. Divorce in Indiana is a no-fault process; petitions are typically filed on the ground that the marriage is 'irretrievably broken.'
Because everything you and your spouse own is part of the marital pot, thorough documentation matters even more in Indiana than in states with separate-property carve-outs. Start gathering: recent tax returns, pay records, and statements for every bank, investment, retirement, and pension account; mortgage and property tax records for any real estate; and business financials if either spouse is self-employed or owns a company. If you brought significant assets into the marriage or received an inheritance or gift, collect records showing what it was worth at the time and how it has been used or commingled since — that history is often exactly what a court weighs when deciding whether to move away from an equal split.
Many Indiana counties require each spouse to file a financial declaration or disclosure form with the court, so getting your figures organized early saves time later. Keep copies of every letter exchanged with the other side's lawyer from the start — proposals, deadlines, and what was actually agreed tend to become the reference point once negotiations get serious.
Child support in Indiana generally follows the Indiana Child Support Guidelines, an income-shares model that weighs both parents' incomes, parenting time, and certain expenses like healthcare and work-related child care. Parenting time is generally guided by the Indiana Parenting Time Guidelines, which set out a default schedule that courts and parents often use as a starting point before adjusting for a family's specific circumstances. As with property, specific figures depend on your case and current guideline worksheets — a local family law attorney or the court's self-help resources can walk through the calculation.
1) Inventory everything you and your spouse own, including anything from before the marriage or received as a gift or inheritance — in Indiana it likely belongs in the discussion even if you assume it's 'yours.' 2) Gather the financial documents above before positions harden, since the one-pot approach means more is potentially on the table than you might expect. 3) Note your and your spouse's county of residence and how long each of you has lived there, since it determines where the case can be filed. 4) Plan around the 60-day minimum — it won't speed up even by agreement, so use that window productively rather than assuming a fast resolution. 5) Track every deadline and proposal that arrives by letter; in a one-pot state, an early offer about how to divide premarital or inherited property is a real position worth reviewing carefully, not a formality.
Not automatically. Indiana uses a one-pot approach, so property owned before the marriage is generally included in what the court can divide, though how it was acquired is one factor courts may weigh when deciding whether an equal split is appropriate. Confirm specifics with a local family law attorney.
Indiana law generally requires at least 60 days between filing the petition and finalizing the divorce, even in fully agreed cases. Contested cases involving property or parenting disputes typically take longer.
Divorce petitions are generally filed in the Circuit or Superior Court of the county where a spouse meets the state's residency requirements. Court structure varies by county, so check with your local clerk's office for filing details.
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This guide is general information, not legal advice. Laws change and differ by jurisdiction — confirm specifics with a local family lawyer or your court's official website. If you use SortMyDivorce, your letters stay confidential — never shared, never sold.