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Facing Divorce, a Custody Fight, or a Protective Order in Indiana? Get Clear Answers Tonight.

Maybe you've just been served, your spouse cleared out the bank account, or you're terrified about who keeps the kids. In Indiana, the rules are not what you'd guess: every divorce takes at least 60 days, the court can put your premarital house and your inheritance on the table, and alimony is rare and short. Before you sign anything or miss a deadline, get the facts. Call 1-844-690-0555 now for a free, 24/7 conversation with an AI legal assistant trained on Indiana and federal family law. It's free legal information, not legal advice — and it can tell you your next move in minutes.

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Free legal information. Not legal advice. Available 24/7 across Indiana.

Family Law in Indiana — what to do right now

Right now, do three things. First, if you're in danger, call 911 — then ask the court for an ex parte protective order under IC 34-26-5, which a judge can grant the same day without notice to the other person. Second, do NOT empty accounts, hide assets, or move the kids out of state; in Indiana that 'dissipation' can be used to swing the property split against you. Third, write down two dates: how long you've lived in Indiana (you need 6 months in-state and 3 months in your county to file) and your child's birthday (the right to ask for college costs disappears at age 19). Then call 1-844-690-0555 — free, 24/7 — and the AI assistant will walk you through which Indiana filing fits your situation. No income test, no web form.


The law in Indiana: Family Law

Indiana family law lives in Title 31 of the Indiana Code, and the first thing to understand is that Indiana is a no-fault state. Under IC 31-15-2-3 there are technically four grounds for dissolution — irretrievable breakdown, a felony conviction, impotence, and incurable insanity — but in practice everyone uses the first one: 'irretrievable breakdown of the marriage.' You don't have to prove your spouse cheated, lied, or walked out; you simply allege the marriage is broken. Before you can even file, IC 31-15-2-6 requires that one spouse has lived in Indiana for at least 6 months and in the filing county for at least 3 months. File too early and your petition gets dismissed.

Divorce, custody, parenting time, paternity and maintenance are all heard in your county's Circuit or Superior Court — Indiana has no separate statewide 'family court,' though some counties run a unified family-law docket. Child support is different: it runs through the Title IV-D system, where a IV-D commissioner (IC 31-25-4-15), the county prosecutor's office and the clerk establish, collect and enforce support orders. The Indiana Supreme Court sets the binding Indiana Child Support Guidelines (an income-shares model) and the Indiana Parenting Time Guidelines that every trial judge applies.

The property rule is where Indiana surprises people. Under IC 31-15-7-4, Indiana is a 'one-pot' state: the court divides ALL property of either spouse — including assets you owned before the marriage, money you inherited, and gifts. IC 31-15-7-5 then starts from a presumption that an equal, 50/50 split is just and reasonable, but that presumption is rebuttable with evidence about each spouse's contributions, what each brought in, economic circumstances, and conduct like dissipation. Custody, meanwhile, is decided under IC 31-17-2-8 purely on the best interests of the child, with no presumption favoring the mother or the father, and a child's wishes carry more weight once they turn 14.

Spousal maintenance — Indiana's narrow version of alimony — is governed by IC 31-15-7-2 and comes in only three forms: incapacity maintenance, caregiver maintenance, and rehabilitative maintenance, which is hard-capped at 3 years from the final decree. Indiana has no permanent, lifetime alimony. Protective orders sit in a separate track: the Indiana Civil Protection Order Act (IC 34-26-5) lets a judge order no-contact, remove the other person from a shared home regardless of who owns it, and restrict firearms, for a 2-year term. Violating that order is the crime of invasion of privacy under IC 35-46-1-15.1. This is legal information, not legal advice, and reading it creates no attorney-client relationship — but the free call can tell you exactly which of these tracks is yours.

Call 1-844-690-0555 any time, day or night, and an AI assistant trained on Indiana's family code will explain your situation in plain English — then, if you want, we can help you book a paid consultation with an Indiana-licensed attorney.

Key Statutes

  • IC 31-15-2-3 — Grounds for dissolution; 'irretrievable breakdown' is the no-fault ground used in nearly every case.
  • IC 31-15-7-4 — The 'one-pot' rule: ALL property, including premarital assets, inheritances and gifts, goes into the marital estate.
  • IC 31-15-7-5 — Rebuttable presumption that an equal 50/50 division is just and reasonable.
  • IC 31-15-7-2 — Spousal maintenance: incapacity, caregiver, and rehabilitative (capped at 3 years) only.
  • IC 31-17-2-8 — Best-interests custody factors; no parental presumption; child's wishes weighted at age 14+.

Courts & Agencies

  • County Circuit & Superior Courts — the trial courts that hear divorce, custody, parenting time and paternity.
  • Title IV-D Court / IV-D Commissioner (IC 31-25-4-15) — establishes and enforces child support only; cannot decide custody or divorce.
  • Indiana DCS Child Support Bureau — runs the Title IV-D program, executed locally by the county prosecutor and clerk.
  • Indiana Supreme Court — sets the binding Indiana Child Support Guidelines and Parenting Time Guidelines.
  • City-County Building, 200 E. Washington St, Indianapolis (Marion County); Allen County Courthouse, 715 S. Calhoun St, Fort Wayne.

Penalties & Deadlines

  • 60-day minimum to final decree (IC 31-15-2-10) — non-waivable, even for fully agreed cases; the clock runs from the filing date.
  • Residency: 6 months in-state + 3 months in-county BEFORE filing (IC 31-15-2-6).
  • Protective order lasts 2 years (IC 34-26-5); ex parte orders can issue the same day, with a hearing if requested.
  • Violating a protective order (IC 35-46-1-15.1) — Class A misdemeanor: up to 1 year in jail, up to $5,000 fine; Level 6 felony with a qualifying prior.
  • Child support ends at age 19; a petition for college expenses must be filed BEFORE the child turns 19 (IC 31-16-6-6).

The 60-Day Clock and the 'One-Pot' Rule — Two Indiana Surprises That Catch Everyone

Most people brace for a fast, brutal divorce. Indiana does the opposite — and the opposite trap. Under IC 31-15-2-10, no divorce can be final for at least 60 days from the date you file, and it's non-waivable: even if you and your spouse agree on everything, a judge cannot speed it up. Then comes the part nobody warns you about. Indiana is a 'one-pot' state (IC 31-15-7-4) — the court can divide property you owned before the marriage, money you inherited, even gifts. Your grandmother's house can land on the negotiating table. The starting point is a 50/50 split, but it's rebuttable with the right evidence. Before you assume what's 'yours' is safe, call 1-844-690-0555 for free information, then book an Indiana attorney.


Likely outcomes & penalties

Every Indiana family case is different, but here are the real ranges the statutes and courts work within. These are general outcomes, not predictions for your case.
Property division
Starts at a 50/50 split of the entire 'one-pot' estate (IC 31-15-7-5). Proven dissipation, or showing one spouse brought in most of the assets, can shift the division materially away from equal.
Spousal maintenance
Often $0 — Indiana disfavors alimony. Where awarded, rehabilitative maintenance is hard-capped at 3 years from the decree; incapacity and caregiver maintenance are the only longer-running types (IC 31-15-7-2).
Time to final decree
60 days at the very fastest for a fully agreed case (IC 31-15-2-10). Contested divorces with custody and property disputes routinely run 6–18 months or more.
Violating a protective order
Invasion of privacy (IC 35-46-1-15.1): Class A misdemeanor — up to 1 year in jail and up to a $5,000 fine; elevated to a Level 6 felony (6 months–2.5 years, up to $10,000) with a qualifying prior conviction.

Mistakes to avoid

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Filing for divorce before you meet Indiana's residency clock — you must have 6 months in-state and 3 months in your county first (IC 31-15-2-6), or the petition is dismissed and you start over.
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Assuming your premarital house, inheritance or gifts are off-limits. Indiana's 'one-pot' rule (IC 31-15-7-4) throws everything into the marital estate, so 'separate' property is rarely as separate as you think.
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Emptying joint accounts, hiding assets or running up debt before the split — in Indiana this 'dissipation' is evidence that can rebut the 50/50 presumption and swing the property division against you.
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Expecting long-term alimony. Indiana caps rehabilitative maintenance at 3 years and has no permanent alimony (IC 31-15-7-2), so planning your finances around ongoing support is a costly mistake.
⚠️
Missing the college-expenses window. The right to ask the other parent to help pay post-secondary costs is permanently lost if you don't petition before the child turns 19 (IC 31-16-6-6).

How it works

1
No income test, no web form, no waiting room. Call from anywhere in Indiana, day or night, and you'll reach the line in minutes. If you're more comfortable in Spanish or another language, you can speak in your own language.
2
Explain what's happening — served papers, a custody dispute, a protective order, missed support — and get clear, plain-English information about the Indiana statutes, courts and deadlines that apply. This is legal information, not legal advice, and it creates no attorney-client relationship.
3
If your situation needs a lawyer, we can help you book a paid consultation with an Indiana-licensed family law attorney — a separate, paid step you choose. No pressure, no obligation; the free call is yours either way.

Free & low-cost Family Law help in Indiana

If money is tight, Indiana has real, free and low-cost help for divorce, custody, child support and protective orders. These are independent organizations — separate from Legal Hotline — and many have income limits. Start with the free call to figure out which fits, then reach out.

Statewide nonprofit law firm offering free civil legal aid to eligible low-income Hoosiers (generally at or below 125% of the federal poverty level, higher for some matters), including family law, custody and protective orders. Offices in Indianapolis, Bloomington, Evansville, Fort Wayne, Lafayette, Merrillville, New Albany and South Bend. Help line 1-844-243-8570, Mon–Thu 10am–2pm ET; online intake 24/7.
Its Satellite Attorney Program provides free civil legal help — protective orders, divorce, paternity and housing — to low-income survivors of domestic violence, sexual assault and stalking. Statewide hotline 1-800-332-7385.
Free and low-cost civil legal aid to low-income Marion County and Indianapolis residents since 1941, focused on family law, adoption and guardianship. Intake and referral line 317-635-9331.
The official state-courts self-help portal with court-published divorce, custody and protection-order form packets and instructions for self-represented litigants. Remember: court and clerk staff cannot give legal advice.
Plain-language self-help site with guided, easy-to-use form interviews and packets for common family-law and protective-order matters for Indiana self-represented litigants.
The state Title IV-D agency to establish, enforce or modify a child support order — executed locally through the county prosecutor and clerk. Handles support only, not custody or divorce.
Free statewide referral line — just dial 211 — to find legal aid, domestic-violence services, housing help and other social services in your county.

FAQ — Family Law in Indiana

How long does a divorce take in Indiana?

At least 60 days, no matter what. IC 31-15-2-10 sets a non-waivable 60-day minimum from the filing date before a judge can finalize anything — even a fully agreed, uncontested divorce. Contested cases with custody or property fights commonly run 6 to 18 months. To understand the timeline for your specific situation, call 1-844-690-0555 for free, 24/7 information.

Is Indiana a community property state?

No. Indiana is an equitable-distribution state, but with a twist: under IC 31-15-7-4 it's a 'one-pot' state, meaning the court can divide ALL property — including what you owned before marriage, inheritances and gifts. It starts from a 50/50 presumption (IC 31-15-7-5) that you can rebut with evidence. Before you assume anything is 'yours,' call 1-844-690-0555 to get the facts for free.

Do I have to prove my spouse did something wrong to get divorced in Indiana?

No. Indiana is a no-fault state. Under IC 31-15-2-3 nearly every divorce uses 'irretrievable breakdown of the marriage' — you simply allege the marriage is broken, with no need to prove adultery, cruelty or abandonment. Misconduct rarely affects the grounds, though dissipation of marital assets can affect the property split. Call 1-844-690-0555 for free information on how to file.

Does Indiana have alimony?

Only in a narrow form called spousal maintenance (IC 31-15-7-2). There are three types — incapacity, caregiver, and rehabilitative — and rehabilitative maintenance is hard-capped at 3 years from the decree. Indiana has no permanent, lifetime alimony, and many divorces involve none at all. To learn whether maintenance might apply to you, call 1-844-690-0555, free and 24/7.

How is child custody decided in Indiana?

Under IC 31-17-2-8, custody turns entirely on the best interests of the child, with no presumption favoring the mother or the father. The court weighs the child's age and sex, the parents' and child's wishes (the child's wishes count more at 14+), the child's adjustment to home, school and community, everyone's mental and physical health, and any evidence of domestic violence. For plain-English help understanding the factors in your case, call 1-844-690-0555.

How do I get a protective order in Indiana?

You petition under the Indiana Civil Protection Order Act (IC 34-26-5) at your county court, often with the help of free self-help forms. A judge can grant an ex parte order the same day without notice to the other person, with a hearing set if they request one. Orders typically last 2 years and can include no-contact, removal from a shared home, and firearm restrictions. If you're in danger, call 911 first — then call 1-844-690-0555 for free information.

What happens if someone violates my protective order in Indiana?

Violating a protective or no-contact order is the crime of invasion of privacy under IC 35-46-1-15.1 — a Class A misdemeanor punishable by up to 1 year in jail and up to a $5,000 fine, elevated to a Level 6 felony (6 months to 2.5 years) if the person has a qualifying prior conviction. Report a violation to police immediately, then call 1-844-690-0555 to understand your options and next steps for free.

When does child support end in Indiana?

Child support generally ends at age 19, Indiana's statutory emancipation age (IC 31-16-6-6). Crucially, if you want the other parent to help pay for college, you must file that petition BEFORE your child turns 19 — miss it and the right is permanently lost. Don't let that deadline slip; call 1-844-690-0555 for free, 24/7 information on protecting it.

How long do I have to live in Indiana before I can file for divorce?

Under IC 31-15-2-6, one spouse must have lived in Indiana for at least 6 months and in the filing county for at least 3 months immediately before filing. File before you meet that clock and the court will dismiss your petition. To confirm where and when you can file, call 1-844-690-0555 for free information.

Can the court really divide my inheritance or my house from before the marriage?

In Indiana, yes — that's the 'one-pot' rule (IC 31-15-7-4). Unlike many states that protect separate property, Indiana puts premarital assets, inheritances and gifts into the marital estate, where they can be divided. The 50/50 starting point is rebuttable, so the right evidence about who brought in what can matter a lot. Call 1-844-690-0555 to understand how this affects you, for free.


Are You an Indiana Family Law Attorney? Join Our Network

We connect Hoosiers facing divorce, custody, support and protective-order matters with vetted Indiana-licensed family law attorneys. If you practice family law in Indiana and want to receive referrals from clients who have already had their situation triaged, we'd like to talk. Apply to join the network and we'll be in touch about how referrals work in your county.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't Guess About Your Divorce, Your Kids, or Your Safety — Get Indiana Answers Now

The 60-day clock, the one-pot split, the age-19 college deadline, the same-day protective order — Indiana's rules are full of traps that cost people money, time and custody. You don't have to figure them out alone, and you don't have to pay to start. Call 1-844-690-0555 right now — free, 24/7, no income test, no web form — and an AI assistant trained on Indiana and federal family law will tell you your next move in minutes. It's legal information, not legal advice, and it creates no attorney-client relationship — but it could change how your case ends. If you then want a lawyer, we can help you book a paid consultation with an Indiana-licensed attorney.

Free legal information. Not legal advice.

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