Can I file for Dissolution of Marriage in Indiana?

Filing Requirements

Is it possible to file for divorce in Indiana?

When filing for divorce in Indiana, it's critical to do it in the proper court. At least one party must have lived in the State of Indiana for at least six months before filing a petition for dissolution or a petition for legal separation.  A resident of Indiana or a member of the United States military stationed in Indiana can be the Indiana party.

The county in which the petition is filed in Indiana will be determined by the parties' residences within the state. When both parties live in the same county, they usually only have one filing choice. Some parties physically separate well before petitioning for divorce or legal separation, and at the time of filing, they may reside in two different counties. The petition must be submitted in a county where at least one of the parties has lived for three months.

To file a dissolution or legal separation petition, the law requires the following residency requirements are met by at least one of the parties:

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IC 31-15-2-6 Residence; filing in the county of guardian's residence

Sec. 6.

(a) At the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:

(1) a resident of Indiana; or

(2) stationed at a United States military installation within Indiana; for six (6) months immediately preceding the filing of the petition.

(b) Except as provided in subsection (c), at the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:

(1) a resident of the county; or

(2) stationed at a United States military installation within the county; where the petition is filed for three (3) months immediately preceding the filing of the petition.

(c) If a court has authorized a guardian to file a petition under section 4 of this chapter on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file the petition for dissolution in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the petition.

[Pre-1997 Recodification Citation: 31-1-11.5-6(a) part, (b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.83-2014, SEC.14.

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In most cases, once a petition is filed in a certain county, it remains in that county. The county in which a divorce or legal separation case is heard can only be changed under very specific circumstances. Before attempting any change of venue, consult with an attorney to ensure you avoid any unknown problems.

Contact experienced Indiana family attorney David Frangos of Frangos Legal LLC if you are in a situation where you or a loved one is facing a potential separation or divorce. Schedule a Free Consultation and case review by emailing us at contact@Frangos-Legal.com, by telephone at 317-245-3707, or by booking online.

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