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Indiana Divorce Self-Help Center

Many customer Indiana divorce questions are answered here.  Browse from the topics below or use the search box to narrow your search.
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General Information State Procedures   Custody, Visitation, Support
  Property and Debts   Special Circumstances Additional Resources
How does DivorceWriter work? 375
First, complete the basic pre-purchase portion of the online interview. Then, set up your... more
What happens after I receive my DivorceWriter documents? 1917
Just follow the step-by-step instructions included with your DivorceWriter package, which ... more
How do I make changes to my documents after I receive them? 1449
If you want to make changes to any of your documents after receiving them in the mail, you... more
Will DivorceWriter documents work in my state and/or in my situation? 1969
DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is ... more
I finished the online interview. How long will it take to receive my documents? 1981
Get your DivorceWriter documents immediately using the instant download option. You may al... more
I want to use DivorceWriter to prepare my own divorce documents. What do I do next? 1864
To get started, click on "Start the Process" above. You will be taken to our online inter... more
Can I use DivorceWriter in my state? 1979
DivorceWriter offers divorce documents for nearly every U.S. state and the District of Col... more
What if I need additional documents that were not included in my DivorceWriter package? 2000
Contact customer service at info@divorcewriter.com with the name or form number of the the... more
What is the online interview? 1863
In as little as 10-15 minutes, the online interview allows you to enter the information ne... more
Can you overnight my documents to me so that I can have them right away? 2586
Get your DivorceWriter documents immediately using the instant download option. You may a... more
How do I change my password? 1972
To change your password you must first log back into your account using the login section ... more
How do I make changes to my existing DivorceWriter account? 1973
If you already have a DivorceWriter account and need to make changes to your online interv... more
Does DivorceWriter provide documents for annulments? 2165
No. DivorceWriter does not currently provide documents for annulments.
What is included? 3784
The DivorceWriter package includes all forms needed to complete your divorce. These state... more
I didn't list any property or debts in the online interview. Why do some of my documents ask the court to divide property and debts? 3360
Asking the Court for to divide property and debts fairly is standard language in the Divor... more
Will my documents be completed or will I have to fill them out myself when I receive them? 3121
For the most part, your DivorceWriter documents arrive completed with the information that... more
How do I serve a spouse that lives in a different state or country? 3810
The process for serving a spouse that lives in another state or country depends on the sta... more
Do we need to notify the court of any address changes during the divorce? 3405
Any questions concerning the requirements for notifying the court about changes of address... more
Does it matter which spouse files for divorce? 3502
Generally speaking, both spouses should have the same rights in a divorce proceeding regar... more
I need a form that is not available online or in the DivorceWriter's supplemental forms database. How can I find a sample form elsewhere? 3352
Divorce documents are public record, so it is usually possible to obtain a copy of one or ... more
What is DivorceWriter's fax number? 3419
DivorceWriter's fax number is (800) 344 9889.
Can I create another divorce in my account?  2712
Yes, you can purchase additional divorces from your Account Summary page. Login to your a... more
What's the difference between an Acknowledgement and a Jurat? 3634
With an Acknowledgement, the notary is certifying that the signer appeared before the nota... more
We were married in a foreign country. Can we divorce in the U.S.?  2635
As long as you meet the residency requirements for filing for divorce in the state where y... more
I didn't list any property or debts in the online interview. Why do some of my documents ask the court to divide our property and/or debts? 3361
The Divorce Petitions/Divorce Complaints in most states contain language asking the Court ... more
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How much is the filing fee in Indiana? 73
The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee varies from county to county, but typically ranges from $130.00-$160.00 in Indiana.
What is considered to be the date of separation in Indiana? 647
The term "separation date" sometimes refers to the date when the spouses stopped living at... more
Do any documents require notarization? 1982
The filing instructions included with your DivorceWriter package will provide additional i... more
Will either of us be required to attend a court hearing? 72
DivorceWriter provides Indiana customers with a Waiver of Final Hearing, which generally allows both spouses to avoid a court hearing as long as both of you sign the Waiver and Settlement Agreement.
What are the grounds for filing for divorce in Indiana? 1318
Indiana is a no-fault divorce state, which essentially requires that the marriage has suffered an irretrievable breakdown.
What are the basic steps to getting a divorce in Indiana? 1322
Step 1:

File the Appearance, Verified Petition for Dissolution, and Summons with Circuit Court Clerk along with the filing fee. This is also the time for filing the Agreed Provisional Orders if required by local rule as well as the CSOW and PTCW if there are children. If no Agreed Provisional Orders are being filed, the CSOW and PTCW can be filed with the final documents later.

Step 2:

Next, the Summons along with a copy of the Petition for Dissolution will be served on the other spouse, typically by registered mail sent by the Clerk’s office. Before leaving the Clerk’s office on the day of filing, the customer should make certain that the Clerk is going to handle completing the return receipt and that the Clerk will also fill out the appropriate spots on the reverse side of the Summons to verify that service has been made.

Step 3:

Parties with children must attend a parenting class if required by their county and the children must attend a divorce workshop if required by their county.

Step 4:

Approximately one week before the 60 day period has passed, file the Settlement Agreement, Waiver of Final hearing, and Decree of Dissolution with the Clerk. The judge sends you a copy of the finalized documents after the full 60 days have passed.
How do I serve my spouse with the divorce papers in Indiana? 1321
The Clerk will serve your spouse by sending the divorce papers to him or her by Certified Mail with a return-receipt requested.
What are the signature requirements for the documents I will receive? 899
The state-specific filing procedures included in the DivorceWriter package indicate which ... more
What if my spouse and I don't live in the same state? 1856
As long as one spouse meets the residency requirements for the state where the divorce wil... more
What documents are included in the self-prepared Indiana DivorceWriter package? 1320
Included forms:

Verified Petition for Dissolution of Marriage
Agreed Provisional Orders (not necessarily required if there are no children, but may be required per local rules depending on county; customer has the option of asking the clerk if the judge will finalize matters without a provisional order. If not, the customer should file this document in order to avoid a hearing)
Child Support Obligation Worksheet (CSOW) children only
Parenting Time Credit Worksheet (PTCW) children only
Settlement Agreement, Waiver of Final Hearing, and Decree of Dissolution (all one document)
Where do I file my divorce documents? 71
Divorces are filed at the county Circuit Court. Some counties may have a rolling type of filing system, which could result in cases being assigned to a Superior Court with jurisdiction to handle divorce cases. Procedurally, there are no differences between the two courts.
Do I have to divorce in the state where I was married? 1801
No. You can divorce in any state where you or your spouse meet the divorce residency requi... more
Which is the proper county to file for divorce? 70
Under Indiana law, at least one of the spouses must have been a resident of the county of filing for 90 days immediately preceeding the date of filing. As long as one spouse meets the 90-day county residency requirement, either spouse can file in that county.

Additional information is available at: I.C. 31-15-2-6(b)
What is the state residency requirement for filing for divorce in Indiana? 69
Under Indiana law, at least one spouse must have been a resident of Indiana for six (6) months immediately before filing for divorce. If one or both spouses meets this requirement, either spouse is allowed to file in Indiana.

Additional information is available at: I.C. 31-15-2-6(a)

The spouse that meets the six month state residency requirement must have lived in the county where the divorce is filed for at least three months prior to the date of filing. If both spouses have lived in Indiana for at least six months, but in two different Indiana counties for at least 3 months each, the divorce can be filed in either county.
Can the wife change her name back during the divorce? 1807
Yes, the wife may restore her name to the name she had before the marriage took place. If ... more
How do I determine if my income falls below the U.S. Department of Health and Human Services Poverty Guidelines? 3528
Some states require a person who is applying for a filing fee waiver to have an annual inc... more
Can my spouse have documents notarized in a different state? 2981
Yes. If your spouse is unable to have documents notarized by a Notary Public in the state... more
How long does it usually take to finalize a divorce in Indiana? 1307
In Indiana, divorces are usually finalized approximately 60 days after the Verified Petition for Dissolution of Marriage is filed with the Court Clerk. No hearing is required to finalize a divorce in Indiana.
There was an error on one or more of the documents that I filed with the Clerk. Now that I have fixed the error(s) on the document(s), is there anything else I have to do to it before I file an amended version of the document with the Clerk? 2934
Generally, if an error has been made in a document that was filed with the Clerk, the corr... more
My documents ask for the "Cause Number" instead of a "Case Number." Is this correct? 3231
Yes. In a number of U.S. states, the Courts use the term "Cause Number" instead of "Case ... more
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What if my spouse and I have agreed to a child support amount that is different from the standard amount? 1579
Spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, the customer can do the following:
  • Select "no" to using the payment calculation;
  • Enter the existing support amount in the space provided for monthly payment amount; and
  • Enter your reason for using an amount different from the state calculation.
Note that the information entered here, including the reason for the deviation, will be transferred to the applicable documents exactly as it is entered by the customer.
At what age does the duty to support a child cease in Indiana? 1324
In Indiana, a child is legally emancipated when they become 19 years of age. (Note: Before July of 2012, the duty to support continued until the child reached 21, but that has since been changed to 19.)

However, a child may also be emancipated if they are at least 18 years of age, have not attended a secondary school for the prior four months and are not enrolled in a secondary school, and are capable of supporting himself or herself through employment. A child is may also be emancipated if they have joined the U.S. armed services, are married, or are not under the control of either parent nor of an individual or agency approved by the Court.
What is the difference between child support and spousal support? 338
Spousal support is paid to one spouse by the other for the support and care of the receivi... more
We have agreed that one spouse will pay spousal support to the other. What are some options? 1585
Two common ways for one spouse to receive spousal support payments from the other are (1) ... more
Can we specify how we will claim our child(ren) for income tax purposes? 2086
The DivorceWriter online interview allows you to designate which spouse will claim your mi... more
We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible? 2239
The DivorceWriter online interview, which you completed previously, was designed to accomm... more
We have children. Can I still use DivorceWriter? 1802
Yes, you can use DivorceWriter to create your divorce forms even if you have children. Th... more
How is child support calculated in Indiana? 87
Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

The Child Support Rules and Guidelines can be found here.
Do I have to pay income tax on spousal support payments that I receive? 1984
For federal income tax purposes, spousal support is commonly considered taxable income for... more
What is standard visitation for the noncustodial parent in Indiana? 88
The Indiana Parenting Time Guidelines set forth the standard visitation schedule for noncustodial parents in Indiana.

The Indiana Parenting Time Guidelines can be found here.
When can a child support order be modified in Indiana? 1323
Before a child support order may be modified in Indiana, it is necessary for a party to demonstrate a substantial and continuing change in circumstances that makes the present order unreasonable or that the amount of support ordered at least twelve (12) months earlier differs from the Guideline amount presently computed by more than twenty percent (20%).

A change in circumstances may include a change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan or a change in the expenses of child rearing specifically considered in the Guidelines. Information on the child support modification process in Indiana can be found here.
What is the home state of the children under UCCJEA? 3543
While you are entitled to file for divorce in any state where the residency requirements a... more
What if my children live in another state and we already have a court order or informal arrangement concerning child support and child custody? 3651
If you want to have the court issue an order as part of the divorce concerning child suppo... more
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Can I receive a portion of my spouse's retirement plan even though his/her retirement is several years away? 46
The most common way for one spouse to secure the right to a portion of the other spouse's ... more
Do we have to list the debts we have agreed to divide? 1989
About 30% of DivorceWriter customers list debts. The debts listed will appear on the sett... more
We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed? 311
Generally, if you want to transfer jointly held real estate into the name of only one spou... more
Can we customize our documents to fit our plans for our real estate? 597
The DivorceWriter online interview allows customers to list not only the street address, c... more
Can we divide/list as many items of personal property as we want? 1764
Choose to list all, some, or no property. The customer decides which property, if any, to ... more
Do I need to list the legal description of my real estate? 757
It is generally sufficient to just list the physical address of the property (street, city... more
What is the "legal description" of a piece of real estate? 2780
The legal description is usually a one to two paragraph description of land that includes ... more
When can I record the quit claim deed my spouse signed? 3811
One spouse may choose to sign a quit claim deed transferring his or her interest in the ma... more
Why do my DivorceWriter documents say that we do not have life insurance or other property that we actually do have? 2726
Some states require divorcing spouses to provide information on several different types of... more
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I received my DivorceWriter package today, but I'm not sure I want to file for divorce right away. How how long are these papers good for? 2229
Unsigned divorce documents do not have an expiration date per se. Applicable time periods... more
I can't find my spouse. Can I still use DivorceWriter? 2452
DivorceWriter is designed for couples who have reached an agreement on all issues and who ... more
I am not sure my marriage was legal. Do I even need a divorce? 1970
DivorceWriter is for people who want to end their marriages. If you have any questions reg... more
What if one spouse is living in a foreign country? 733
If your spouse is able to receive documents in the mail and is willing to sign and return ... more
What if I have an out of state driver's license or no license at all? 995
If the spouse who files for divorce does not have a valid in-state driver's license, it ma... more
My spouse is currently incarcerated. Can we still use DivorceWriter? 2234
DivorceWriter documents must be signed by both husband and wife. As long as your spouse is... more
What if one spouse is in the military? 803
If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more
How do we get documents notarized in a foreign country? 2449
The meaning of the term "notary" varies widely from country to country. To find a Notary ... more
Can same-sex couples divorce in the state where they were married if they can't get a divorce in the state where they live? 3813
If you are a same-sex couple living in a state where same-sex marriage is legal, you can d... more
My spouse is currently incarcerated. What address do I use? 2745
You may use the address at the facility where your spouse is currently incarcerated. Divo... more
Can I use divorce forms even though they contain gender-specific terms? 3230
One thing that has lagged behind following the legalization of same-sex marriage nationwid... more
Which states allow same-sex divorce? 3530
On June 26, 2015, the U.S. Supreme Court issued a ruling legalizing same-sex marriage nati... more
How do I end a civil union or domestic partnership? 3446
When recognized in the state, civil unions and/or domestic partnerships can be entered int... more
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Where can I find additional help? 2410
Additional help is available. Click here to find legal help from the American Bar Associat... more
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If unable to find help on this page, issues of a non-legal nature may be directed to customer service.
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