Indiana divorce records are public and held by the clerk of the court in the county where the divorce was granted. The fastest way to find one is a free name search on the state’s MyCase portal at mycase.in.gov, which shows cases filed across Indiana and tells you which county handled the case. The decree itself is not downloadable online; for a certified copy, you request it from that county clerk in person or by mail.
Who Holds Indiana Divorce Records
This trips people up: the Indiana Department of Health does not keep divorce records. IDOH’s Division of Vital Records handles birth, death, and fetal death certificates only.1Indiana Department of Health. Vital Records Divorce files are created and stored at the county level, so a certified copy of a decree has to come from the clerk of the court in the county where the divorce was finalized.2IN.gov. Where Can I Get a Copy of My Marriage License or Divorce Decree
Access is open by default. Indiana’s Rules on Access to Court Records start from a presumption that court records are public,3Indiana Judicial Branch. Indiana Rules on Access to Court Records and you don’t have to state a reason or prove a relationship to the parties to look up a filing.
Searching for the Case on MyCase
Indiana’s MyCase portal at mycase.in.gov is free and open to the public. You can search by party name or case number to find divorce cases filed anywhere in the state.4Indiana Judicial Branch. Public Records A name search is the right starting point if you don’t know which county the divorce was filed in. The results will show the case caption, the court, and the Chronological Case Summary, which is the docket listing every filing, hearing, and order entered in the case. From that you can see when the petition was filed and when the final decree was entered.
Two things to keep in mind. First, how far back cases appear in MyCase varies by county, so an older divorce may not show up online at all. Second, the actual decree document is not available for download through MyCase.5Indiana Judicial Branch. How to Request Public Records MyCase gets you to the case; the clerk gets you the paper.
What You Need to Search Effectively
Bring as much identifying information as you can. At minimum, you need the full legal names of both spouses. Maiden names or prior married names help if either spouse changed names during or after the marriage. An approximate year of the divorce narrows things considerably.
If you don’t know the county, a residency clue can point you to the right one. Indiana requires at least one spouse to have lived in the state for six months and in the filing county for three months before the petition could be submitted,6Indiana General Assembly. Indiana Code 31-15-2-6 – Residence, Filing in County of Guardians Residence so the case almost certainly sits in a county where one of the spouses lived at the time.
A case number is the fastest route of all. Indiana uses a uniform numbering system where the number encodes the county, court, filing date, and case type.7Indiana Judicial Branch. MyCase Search Tips
Requesting a Certified Copy From the County Clerk
Once you know the right county, contact that clerk’s office to request a certified copy of the decree.5Indiana Judicial Branch. How to Request Public Records You can go in person or send a written request by mail. For a mail request, include both spouses’ full names, the case number if you have it, the approximate date of the divorce, your contact information, and a self-addressed stamped envelope for the return.
In-person requests are usually handled while you wait. Mail requests take longer, and turnaround depends on the clerk’s workload. If a deadline is driving your request, call ahead and ask about the current wait.
Fees
Indiana caps the fee for photocopies of court records at $1.00 per page, and certification costs an additional $1.00 per certificate.8Indiana Judicial Branch. Indiana Trial Court Fee Manual A full decree runs several pages, so a certified copy typically comes to roughly $10 to $15 depending on length. A transcript of judgment, which you only need if you’re using the decree to establish a lien on real estate, carries a separate $3.00 fee.
Most clerk offices take cash, checks, and money orders. Many accept credit cards as well, usually with a processing surcharge in the neighborhood of 3%.
What a Divorce Decree Contains
The decree is the court’s final judgment dissolving the marriage. Under Indiana law it is final the moment it is entered, and even if either party appeals a property or custody provision, the dissolution itself stands, so both parties are legally single and free to remarry during the appeal.9Indiana General Assembly. Indiana Code 31-15-2-16 – Dissolution Decree, Scope, Finality
A typical decree addresses property division, child custody and support where children are involved, and name restoration. On property, Indiana starts from a presumption that an equal split is fair; that presumption can be rebutted based on factors such as each spouse’s contribution, whether property was inherited or owned before the marriage, and each party’s earning ability.10Indiana General Assembly. Indiana Code 31-15-7-5 – Presumption for Equal Division of Marital Property On name restoration, the statute as written provides that a woman who requested restoration of her maiden or previous married name in the petition will have that change included in the decree; other parties seeking a name change may need a separate legal process.11Indiana General Assembly. Indiana Code 31-15-2-18 – Name Change of Woman
The certified decree is what you present to update Social Security records, your driver’s license, and beneficiary designations on financial accounts. It’s also the controlling document for property transfers such as a quitclaim deed on a shared home, and if the other party later violates its terms, the decree is what the court enforces.
When Records or Portions of Records Are Restricted
Occasionally a divorce file, or specific documents within it, won’t be accessible. Under Rule 5 of the Access to Court Records framework, a court has only two ways to exclude otherwise accessible records: sealing them under the state public records act, or entering a specific order excluding records under Rule 6.12Indiana Judicial Branch. Rule 5 – Records Excluded From Public Access Parties can’t seal records by agreement alone or through a standard protective order. In most cases, only particular documents inside a file are restricted rather than the entire case, so you may still be able to confirm the divorce exists even if certain exhibits are not available.
Fixing an Error in a Decree
Typos and factual mistakes in finalized decrees happen more often than people expect, and catching them quickly matters. Indiana Trial Rule 59 allows any party to file a Motion to Correct Error within 30 days after the final judgment appears in the Chronological Case Summary.13Indiana Judicial Branch. Indiana Rules of Trial Procedure – Rule 59 Motion to Correct Error The motion has to describe the error in specific terms and include a statement of facts explaining why the correction is needed. If the error involves something outside the court record, like a misspelled name that doesn’t appear in any filing, the motion must be supported by an affidavit confirming the correct information. The opposing party then has 15 days to respond. When the court agrees an error occurred, it can alter, amend, or correct the judgment without a new trial. Miss the 30-day window and fixing even a simple typo becomes significantly harder, so read your decree carefully as soon as you receive it.
Using an Indiana Decree in Another Country
If you need to present an Indiana decree abroad, you’ll likely need an apostille, which authenticates the document for use in countries that participate in the 1961 Hague Convention. The Indiana Secretary of State’s office issues apostilles.14Indiana Secretary of State. Authentications Submit the original or a certified copy of the decree with a completed Authentication Request Form that lists the destination country. The fee is $2.00 per document. In-person appointments can be processed while you wait for up to 10 documents, and mail requests received by noon are typically returned the next business day. Include a self-addressed stamped envelope with mail submissions, or a pre-paid airbill if you want overnight return shipping. Since July 2022, the office has used a standardized trilingual format for apostille certificates.