Do You Have to Be Separated in Indiana Before You Get Divorced?

By Elizabeth Stock

While you do not need to be separated from your spouse prior to filing for divorce, you must live separately from your spouse for a minimum of 60 days before the court will grant the divorce. In addition, there are several requirements before you can file for divorce in Indiana. For example, you or your spouse must live in Indiana for at least six months and you or your spouse must live in the county where you file the divorce petition for at least three months.

At-Fault Divorce

When filing for divorce in Indiana, you must state the reason, or grounds, for the divorce. The reason can be the fault of one party; this type of case is called an at-fault divorce. Under Indiana law, grounds for an at-fault petition include an incurable mental disease that persists for at least two years, impotence at the time of marriage, and a felony conviction of one spouse after the marriage begins. To be granted a divorce, you will need to show the court that your spouse is responsible for the divorce by providing evidence of one of these circumstances.

No-Fault Divorce

In addition to the at-fault reasons for divorce, Indiana, like all other states, allows a spouse to file for a no-fault divorce. A no-fault divorce means that you will not need to show the court that your spouse did anything wrong in order to have the court grant your divorce. To file for a no-fault divorce in Indiana, file the divorce petition with the court stating that the divorce is irretrievably broken. In a no-fault divorce case, if one spouse would like a divorce, there is nothing the other spouse can do to prevent it.

Divorce is never easy, but we can help. Learn More

Cooling-Off Period

After you file for a no-fault divorce in Indiana, you must wait at least 60 days before your divorce will be finalized. During this time, you and your spouse must live apart from one another. However, if you and your spouse disagree about important aspects of your divorce like child support or the division of the marital assets, it may take longer than 60 days to resolve these issues. If you and your spouse agree about all issues, you can create a written agreement that allows for the divorce to become final immediately at the end of the cooling-off period. In contrast, if there is a chance of reconciliation, the court can postpone the divorce for an additional 45 days. If the case has been continued and 90 days pass without a request to terminate the marriage, the court can dismiss the divorce case.

Legal Separation

Indiana also recognizes legal separation as a temporary alternative to divorce. Legal separation may be an attractive option for you if you are living apart from your spouse and you would like marital property and custody issues decided without terminating the marriage. However, after one year, the legal separation ends and the spouses have the option of returning to their married status or continuing with the divorce.

Divorce is never easy, but we can help. Learn More
Do You Have to Be Separated for 6 Months to File for a Divorce?


Related articles

How to File for a Divorce in Maryland When One Party Is out of State

Filing for divorce when your spouse is out of state depends on two factors. You must have legal residence in the state where you're filing, and you must be able to serve your spouse with a copy of your divorce papers. Maryland is one of the more lenient states for service of process of divorce papers if your spouse lives elsewhere.

How to Do Your Own Divorce in Ohio

Either spouse may legally file for divorce in the state of Ohio. If your divorce is uncontested or no-fault, you can likely do it yourself without the assistance of an attorney. If your spouse contests the divorce or you anticipate a complex process, you should consider consulting a family attorney for advice. Ohio law allows you to end a marriage in one of two ways, either by divorce or dissolution of marriage. The dissolution of marriage procedure is cheaper and less bureaucratic, but requires each spouse to agree on all essential issues.

Annulment Requirements in California

In California, a court-approved annulment invalidates a marriage as if the two spouses had not married each other. Some couples would like to avoid divorce or legal separation by choosing annulment. While the state does set timing requirements, California law does not impose a minimum or maximum duration for the marriage to determine eligibility for an annulment. State laws establish several steps a spouse must complete before a California superior court may grant an annulment.

Get Divorced Online

Related articles

How to Get a Divorce If You Are an Inmate in a State Prison in Georgia

Divorce is the legal recognition that your marriage has ended. If you or your spouse is an inmate in a state prison in ...

How to File a Divorce in the Dallas County Courts

To file for a divorce in Dallas County, Texas, at least one party to the divorce must be a resident of Texas for a ...

Procedures for an Amicable Divorce in Maryland

Maryland offers an amicable divorce process for couples who can agree on all the terms of their divorce. This is known ...

How to File for an Annulment in Illinois

As with a dissolution of marriage -- the legal term for divorce in Illinois -- an annulment is a way to end your ...

Browse by category
Ready to Begin? GET STARTED