Like every state, Indiana has several laws outlining the procedure for dissolution of marriage. The person seeking divorce will file a petition with her county court, which will then prepare a summons for delivery to her spouse. Indiana will not schedule a final hearing for divorce for at least two months after filing the petition.
In order to file for divorce in Indiana, the petitioner must have lived or have been stationed in the state for at least six months and in the filing county for at least three.
Indiana will only grant a divorce in the event the court can find that one of four circumstances has occurred. This includes irretrievable breakdown of the marriage, felony conviction during the marriage, impotence that has been present since the marriage began and incurable insanity for at least two years.
The state allows the court to grant divorce decrees without a final hearing in instances where both parties sign a waiver dismissing the hearing along with a written decree that no contested issues exist (alimony, child support, division of property) or that the spouses have settled any contested issues on their own. The couple will still have to wait at least two months for the divorce to become official.
The court divides property equally between spouses in a manner it deems just and fair. A party can appeal this division in certain instances. The court will consider the tax consequences of each party based on current and future financial situations when dividing property. The court can also order one spouse to pay for the secondary education of the other in order to improve the spouse's earning power.