Yes, Indiana is a no-fault divorce state. You can end a marriage simply by telling the court it is irretrievably broken, without proving your spouse did anything wrong and without needing their agreement. Indiana law does list three other grounds tied to specific circumstances, but almost every divorce in the state runs on the no-fault option, and no final decree can issue until at least 60 days have passed since filing.
What “Irretrievable Breakdown” Actually Means
Irretrievable breakdown is one of four grounds listed in Indiana’s divorce statute, and it is the only one that requires no proof of wrongdoing.1Indiana General Assembly. Indiana Code 31-15-2-3 – Grounds for Decree The phrase means the relationship is broken beyond repair. You don’t have to explain why. You don’t have to produce evidence. And your spouse does not have to agree with you — one spouse’s position that the marriage is over is generally enough.
A judge won’t try to talk you out of it or order counseling before letting the case move forward. Because there is nothing to prove, no-fault filings tend to be shorter and cheaper than they would be if someone had to put on evidence of misconduct.
The Three Other Grounds Indiana Recognizes
Alongside irretrievable breakdown, the same statute lists three fault-adjacent grounds. Each requires specific proof, and courts rarely see them:
- A felony conviction of either spouse after the marriage began, shown with certified court records.
- Impotence that existed at the time of the marriage — not something that developed later — supported by medical evidence.
- Incurable insanity that has lasted continuously for at least two years, backed by medical and psychological documentation.
The statute is explicit that these four are the only grounds a court can use.1Indiana General Assembly. Indiana Code 31-15-2-3 – Grounds for Decree Adultery, cruelty, and abandonment are not on the list. Many states treat those as traditional fault grounds; Indiana does not recognize any of them as a standalone reason for divorce. If your reason for leaving is one of those, you still file under irretrievable breakdown.
Where Fault Can Still Matter: Property Division
No-fault doesn’t mean behavior is irrelevant to everything. Indiana starts from a presumption that marital property should be split equally, but a judge can depart from a 50/50 split when the evidence justifies it.2Indiana General Assembly. Indiana Code 31-15-7-5 – Presumption for Equal Division of Marital Property Rebuttal
One of the factors the statute lists is “the conduct of the parties during the marriage as related to the disposition or dissipation of their property.”2Indiana General Assembly. Indiana Code 31-15-7-5 – Presumption for Equal Division of Marital Property Rebuttal In practical terms, if one spouse burned through marital money on gambling, drugs, or spending on a romantic partner, the other spouse can ask the court to account for that waste by awarding a larger share of what remains. This is where fault actually bites in an Indiana divorce — not in whether you can get divorced, but in how the money is divided.
Other factors that can push the division away from an equal split include each spouse’s contributions to acquiring the property, whether assets were inherited or owned before the marriage, and each spouse’s financial situation at the time of divorce.
Where Fault Does Not Matter: Custody and Support
Child Custody
Marital misconduct plays essentially no role in custody. Indiana courts decide custody on the best interests of the child, weighing factors the statute spells out: the age of the child, each parent’s wishes, the child’s own wishes (given more weight once the child turns 14), relationships with parents and siblings, adjustment to home and school, the mental and physical health of everyone involved, and any evidence of domestic violence.3Indiana General Assembly. Indiana Code 31-17-2-8 – Custody Order Adultery and other marital misconduct aren’t on that list. A parent’s behavior only matters to custody if it directly affects the child’s safety or wellbeing. The statute also makes clear that neither parent starts with a built-in advantage.
Spousal Maintenance
Indiana is restrictive on spousal support, and fault is not a factor. A court can order maintenance in only three situations:
- A spouse has a physical or mental incapacity that materially limits their ability to support themselves. Payments last only during the incapacity and can be modified.
- A spouse must forgo employment to care for a physically or mentally incapacitated child and lacks enough property to meet their own needs.
- Rehabilitative maintenance, to give a spouse time and resources to get education or training for appropriate employment. This type is capped at three years from the date of the final decree.4Indiana General Assembly. Indiana Code 31-15-7-2 – Findings Concerning Maintenance
If you were expecting long-term alimony because of a spouse’s bad behavior or a long marriage, Indiana doesn’t work that way. Ongoing support is limited to genuine incapacity. A healthy stay-at-home parent is expected to become self-supporting within three years.
How to File a No-Fault Divorce in Indiana
Residency
At least one spouse must have lived in Indiana for the past six months, and at least one spouse must have lived in the county of filing for the past three months.5Indiana General Assembly. Indiana Code 31-15-2-6 – Residence Filing in County of Guardians Residence Military members stationed at an installation in Indiana or in the relevant county satisfy these rules.
The Petition and Fee
You start the case by filing a Petition for Dissolution of Marriage with the clerk of court in the proper county. The petition states your legal ground — irretrievable breakdown, in nearly all cases. The civil filing fee is $157, and some counties with an approved plan from the Judicial Conference of Indiana collect an additional $20.6Indiana State Board of Accounts. Court Costs and Fees by Case Type
Serving Your Spouse
Your spouse has to be formally notified. Indiana’s trial rules allow service by certified or registered mail with a return receipt, by in-person delivery, or by leaving a copy at the home. The home-delivery and agent-service methods also require a copy sent by first-class mail. If a mailed service comes back undelivered, you must notify the court.7Indiana Rules of Trial Procedure. Summons Service on Individuals
The 60-Day Wait
No final hearing can be held until at least 60 days have passed from the date you filed the petition.8Indiana General Assembly. Indiana Code 31-15-2-10 – Final Hearing Most contested cases take longer anyway. But even an uncontested divorce where the two of you agree on everything cannot be finalized before that window closes.
Life doesn’t pause during the wait. Either spouse can ask the court for provisional orders covering temporary custody, child support, spousal support, and restraints on selling assets, draining accounts, canceling insurance, or taking on new debt.9Justia. Indiana Code Title 31, Article 15, Chapter 4 – Provisional Orders Those orders stay in effect until the judge changes them or the divorce is finalized, and the way the temporary arrangement works often influences the permanent one.