Indiana Divorce Records

Divorce is the legal process of ending a marriage. It involves various legal steps and considerations in Indiana. Indiana allows for fault-based and no-fault divorces. One spouse must be a resident of the state to file for divorce in Indiana. The divorce process starts when a partner files a petition for Dissolution of Marriage in the Circuit or Superior Court in the county where either spouse resides. Indiana is an equitable distribution state. All marital property is divided fairly between the partners.

Divorce records in Indiana are maintained by the Clerk of the Circuit or Superior Court, where the divorce was finalized. Divorce records are publicly accessible unless sealed by a court order. Searchers may access the document in person or through online portals provided by the court system.

What are Divorce Records?

Divorce records in Indiana refer to the official documents detailing the legal dissolution of a marriage. Divorce records provide comprehensive information about the divorce proceedings, including the terms of the divorce decree, agreements reached between the parties, child custody, child support arrangements, and decisions made by the court.

Divorce records in Indiana are maintained by the Clerk of the Circuit or Superior Court in the county where the divorce was finalized. They are considered public records and are accessible to members of the public unless sealed by court order to protect sensitive information. Divorce records serve as legal documentation of the termination of a marriage and can be used to enforce court orders related to child custody, visitation, and spousal support payments. Divorce records are used by historians and researchers to trace family relationships and understand historical patterns.

Divorce records are created when one spouse files a petition for Dissolution of Marriage with the court. The divorce proceedings, court hearings, negotiations, and agreements are the events that create the divorce record. The divorce record is created when the court issues its final judgment and signs the decree. The Clerk of the Circuit or Superior Court in the county where the divorce was finalized maintains the divorce records. The records are further accessible at the Indiana Judicial Branch, an online platform to look up court documents, including divorce records. Divorce records contain the following information:

Names of both parties
Date of birth
Marriage information
Grounds for divorce
The court of filing and case number
Details on the distribution of marital assets, including personal property, debts, real estate, and other assets
Custody arrangement, visitation schedule, and amount and schedule of payment for child support
Terms and amount for spousal support payments
Parenting plan

Are Divorce Records Public in Indiana?

Yes. Divorce records public records in Indiana. The Indiana Access to Public Records Act provides that a person has the right to access information regarding governmental activities. The Act covers all public records held in courts in the state, including divorce records. However, while most parts of the records are accessible to the public, certain information is restricted from the public due to privacy considerations.

The divorce petition and final divorce decree, which includes decisions on the dissolution of the marriage, are available to the public. The records provide basic information about the divorcing parties, including their names, divorce dates, and grounds for divorce. Other information open to the public includes the motions filed, filing date, case number, hearing schedules, and court-issued orders.

Although the state permits public access to divorce records, confidential and sensitive information within divorce records is not available to the public. The release of sensitive data can pose a privacy risk to the couple. Consequently, financial details, child custody arrangements, social security numbers, income information, and asset valuations are exempted from public disclosure in Indiana.

The Clerk of the Circuit or Superior Court in the county where the divorce was finalized maintains the divorce records. Some counties may offer online access to case information where users can search and view divorce records. Lastly, the Indiana State Department of Health (ISDH), provides guidance on obtaining divorce records from the appropriate county courts. However, they do not issue divorce records.

Divorce Stats and Rates in Indiana

The National Center for Health Statistics does not include divorce rate data for Indiana. However, other sources report that the Indiana divorce rate as of 2023 is 9.96%. The independent data ranks the state in the 14th position in terms of the highest divorce rate.

Grounds for Divorce in Indiana

In Indiana, divorce can be granted based on specific grounds defined by state law. Per Section 31-15-2-3 of the Indiana Code, the grounds for divorce may be no-fault grounds and fault-based grounds. Divorce may also be contested and uncontested in Indiana.

No-Fault Divorce Grounds

A no-fault grounds for divorce in Indiana is when neither spouse has to prove that the other spouse committed any wrongdoing or misconduct to obtain a divorce. Usually, the grounds for divorce are based on irreconcilable differences, incompatibility, or irretrievable breakdown of the marriage. The couple is no longer getting along, and there is no reasonable prospect of reconciliation. No-fault-based grounds for divorce are the most common grounds for divorce in Indiana.

Fault-Based Divorce Grounds

A fault-based divorce grounds for divorce in Indiana requires one spouse to prove that the other spouse has engaged in specific misconduct or wrongdoing that justifies the ending of the marriage. Fault-based grounds for divorce in Indiana include:

Adultery
Impotency
Abandonment
Conviction of a felony and sentenced to prison
One spouse has been declared legally insane, and the condition is incurable

How to File for Divorce in Indiana

Filing for divorce in Indiana involves following several steps to ensure the legal dissolution of a marriage. Before filing for divorce in the state, one of the couples must meet the residency requirement. Per Section 31-15-2-6 of the Indiana Code, one of the parties filing for divorce must live in Indiana for at least six months before filing. Also, the petition must be filed in the county where either of the spouses resides. To start the process. The spouse filing must gather and complete the necessary forms for filing for divorce in Indiana.

File the Petition: The spouse seeking the divorce, known as the petitioner, must file the petition for Dissolution of Marriage with the appropriate county court. This document initiates the divorce process, outlining the grounds for divorce and requests for any relief, such as child custody and division of assets
Serve the Petition: The petitioner serves a copy of the filed petition to the other spouse, the respondent
Respondent Response: The respondent has a specific time to respond to the petition. In Indiana, the respondent has 20 days after being served to reply to the petition. The response may contest the grounds for divorce or address other issues raised in the petition
Mediation or Negotiation: If both parties agree to the terms of the divorce, they may negotiate a settlement agreement or participate in mediation to resolve outstanding issues regarding property division and child and spousal support
Court Hearing: Where disputes cannot be resolved through negotiation and mediation, the courts schedule hearings to address contested issues. Parties present evidence and arguments to support their positions
Finalizing the Divorce: It takes at least 60 days for the court to finalize a divorce in Indiana. Once all the issues are resolved, the court issues a Final Decree of Dissolution of Marriage. This document legally terminates the marriage and outlines specific terms of the divorce

Indiana Divorce Decree

A divorce decree in Indiana is the final order issued by a court, officially ending a marriage. A divorce decree is the final legal order from the court that formally dissolves a marriage. Divorce decrees are legal documents comprising various decisions and agreements made during the divorce proceedings. The divorce decree legally terminates the marital relationship between a couple while outlining the rights and obligations of each party post-divorce, including child custody, support, alimony, and property division.

A divorce decree contains information about the divorcing couple, including their names, addresses, and other identifying information of both spouses. It includes the legal reason for the dissolution of the marriage, whether no-fault or fault-based. Other information in the divorce decree includes custody arrangements, visitation schedules, child support obligations, amount and duration of spousal support payments, and parenting plan. Also, information on the distribution of marital assets and liabilities forms part of the divorce decree. Lastly, all agreements or court orders, such as name changes or restraining orders, are included in the divorce decree.

Indiana divorce decrees are legally binding and enforceable. Both parties must comply with its terms, as failure to adhere to the decree can result in legal penalties or contempt of court charges. The Clerk’s Office in the county where the divorce was finalized maintains divorce records in Indiana.

How to Find and Access Indiana Divorce Records

Finding and accessing Indiana divorce records is a straightforward process. Divorce records are considered public records in Indiana and are maintained at the county level where the divorce was finalized. Although the ISDH maintains records of divorces for statistical purposes, it does not provide detailed divorce decrees to the public. Indiana divorce decrees are accessible online, offline, or through third-party sources.

Offline Access

The Clerk’s Office in the county where the divorce was finalized maintains the original divorce decree and associated records. The record seeker should know the county where the divorce was granted and visit the courthouse to request copies of the documents. The Clerk's Office also permits mail and phone requests for divorce records. The court charges a fee when requesting copies of divorce records; they vary by county.

Online Access

Some counties in Indiana provide online access to their court records through MyCase. The databases allow users to search for divorce cases by entering relevant information, such as case number, names of the parties, or date of divorce.

Third-Party Access

Third-party platforms can provide a convenient way to access divorce records in Indiana. These services often offer an easy-to-use interface and can save time compared to traditional methods. However, while there are benefits to using such platforms, they also pose potential risks, such as inaccurate or incomplete records and compromise of your personal information.

References

Counties in Indiana

List of Content

What are Divorce Records?
Are Divorce Records Public in Indiana?
Divorce Stats and Rates in Indiana
Grounds for Divorce in Indiana
1. No-Fault Divorce Grounds
2. Fault-Based Divorce Grounds
How to File for Divorce in Indiana
1. Indiana Divorce Decree
How to Find and Access Indiana Divorce Records