Indiana Uncontested Divorce Petition + Decree Filing Packet

INDIANA UNCONTESTED DIVORCE (DISSOLUTION OF MARRIAGE) PETITION + DECREE FILING PACKET

PACKET CONTENTS

1. ELIGIBILITY & RESIDENCY CHECKLIST

☐ At least one spouse has been a resident of Indiana (or stationed at a U.S. military installation in Indiana) for at least six (6) months immediately before filing (Ind. Code § 31-15-2-6(a)).
☐ At least one spouse has been a resident of the filing county for at least three (3) months immediately before filing (§ 31-15-2-6(b)).
☐ Grounds of irretrievable breakdown of the marriage apply (Ind. Code § 31-15-2-3(1)).
☐ Both spouses agree on all issues: property division, debt allocation, maintenance, and (if applicable) custody/parenting time/child support.
☐ Both spouses willing to sign a Verified Waiver of Final Hearing for summary dissolution under IC § 31-15-2-13.
☐ 60-day statutory waiting period from filing acknowledged (IC § 31-15-2-10).
☐ County e-filing system (IEFS) registration completed (most Indiana counties require e-filing).
☐ Filing fee (typically $157–$177) available, or Indigency Affidavit prepared.

2. VERIFIED PETITION FOR DISSOLUTION OF MARRIAGE

STATE OF INDIANA — IN THE [____________________] [CIRCUIT / SUPERIOR] COURT
COUNTY OF [____________________]

Cause No.: [____________________]

VERIFIED PETITION FOR DISSOLUTION OF MARRIAGE

Petitioner, [____________________], being duly sworn, states:

1. Residency. Petitioner has been a resident of the State of Indiana for at least six (6) months and a resident of [____________________] County for at least three (3) months immediately preceding the filing of this Petition, in compliance with IC § 31-15-2-6.

2. Parties.

• Petitioner: [Full Name], residing at [Address], DOB [__/__/____], SSN (last 4): [____].
• Respondent: [Full Name], residing at [Address], DOB [__/__/____], SSN (last 4): [____].

3. Marriage. The Parties were married on [__/__/____] in [City, County, State]. The Parties separated on [__/__/____].

4. Children.
☐ There are no minor children born of or adopted during the marriage, and the wife is not now pregnant.
☐ The following minor child(ren) under 21 (or incapacitated) were born of or adopted during the marriage:

☐ Wife is currently pregnant; expected due date: [__/__/____].

5. Grounds. There has been an irretrievable breakdown of the marriage pursuant to IC § 31-15-2-3(1). There is no reasonable possibility of reconciliation.

6. Marital Estate. The Parties have property and debts that will be divided pursuant to a written Marital Settlement Agreement to be filed with this Petition or prior to entry of decree.

7. Relief Requested. Petitioner requests:

A. A final Decree of Dissolution of Marriage dissolving the marriage of the Parties;
B. Approval of the Parties' Marital Settlement Agreement;
C. ☐ Orders regarding legal custody, physical custody, parenting time, and child support consistent with the Indiana Parenting Time Guidelines and Indiana Child Support Guidelines;
D. ☐ Restoration of Petitioner's former name to [____________________];
E. Such other and further relief as the Court deems just and proper.

VERIFICATION

I affirm under the penalties for perjury that the foregoing representations are true.

[____________________________________________] Date: [__/__/____]
Petitioner Signature

3. APPEARANCE FORM (TCM-TR3.1-7)

4. SUMMONS

If service is required, follow Ind. Trial Rule 4.1 (personal service / registered or certified mail) or Rule 4.4 (long-arm jurisdiction and service). Under Trial Rule 6(D), a response to a pleading is generally due 20 days after service. Rule 6(G) adds three days only when service is by United States mail, not merely because service occurs outside Indiana. Rule 6(B) permits one automatic 30-day enlargement to respond to a complaint or other pleading if a compliant notice is filed on or before the original due date.

5. MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement ("Agreement") is entered into by [PETITIONER NAME] ("Petitioner") and [RESPONDENT NAME] ("Respondent"), collectively the "Parties," to resolve all issues arising from the dissolution of their marriage.

Article 1 — Recitals

The Parties were married [__/__/____], separated [__/__/____], and acknowledge that the marriage is irretrievably broken.

Article 2 — Division of Real Property

Marital residence located at [____________________]:
☐ Awarded to Petitioner; Petitioner shall refinance and remove Respondent's name from mortgage within [____] days.
☐ Awarded to Respondent; same refinance obligation.
☐ Sold; net proceeds divided: Petitioner [____]% / Respondent [____]%.

Article 3 — Personal Property and Vehicles

Article 4 — Financial Accounts and Retirement

Article 5 — Debts

Each party shall indemnify the other for assigned debts.

Article 6 — Spousal Maintenance

☐ Both Parties waive any claim for spousal maintenance under IC § 31-15-7-2.
☐ [☐ Petitioner ☐ Respondent] shall pay $[________] per month for [____] months as ☐ rehabilitative ☐ incapacity ☐ caregiver maintenance.

Article 7 — Tax Matters

Tax year [____] filing status: ☐ Joint ☐ Separate. Dependency exemption(s): [____________].

Article 8 — Disclosure and Voluntariness

Each Party acknowledges full disclosure of financial information, opportunity to obtain independent legal counsel, and voluntary execution.

Article 9 — Incorporation

This Agreement shall be approved and incorporated into the Decree of Dissolution of Marriage.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Petitioner

[____________________________________________] Date: [__/__/____]
Respondent

Notarized this [____] day of [____________], 20[____].
[____________________] Notary Public

6. VERIFIED WAIVER OF FINAL HEARING (Summary Dissolution)

Pursuant to IC § 31-15-2-13, the Parties jointly file this Verified Waiver of Final Hearing and request the Court enter a summary Decree of Dissolution without a final hearing.

The Parties certify:

1. The marriage is irretrievably broken;
2. There are no contested issues OR all contested issues are resolved by the attached Marital Settlement Agreement;
3. The Parties have exchanged complete financial information;
4. The Parties waive any final evidentiary hearing;
5. At least 60 days have elapsed (or will have elapsed at the time of decree) from the date of filing of the Petition.

SIGNATURES (both Parties)

[____________________________________________] Date: [__/__/____]
Petitioner — I affirm under the penalties for perjury that the above is true.

[____________________________________________] Date: [__/__/____]
Respondent — I affirm under the penalties for perjury that the above is true.

7. FINANCIAL DECLARATION

8. CHILD SUPPORT OBLIGATION WORKSHEET

9. CHILD CUSTODY / PARENTING PLAN

A. Legal Custody

☐ Joint Legal Custody ☐ Sole Legal Custody to [____________]

B. Physical Custody

☐ Primary with [____________] ☐ Shared (specify schedule below)

C. Parenting Time Schedule

☐ Indiana Parenting Time Guidelines (standard)
☐ Custom schedule:

• Weekdays: [____________________]
• Weekends: [____________________]
• Holidays: [____________________]
• Summer: [____________________]

D. Child Support

Amount: $[________] per [week / two weeks]. Paid by: [____________].
Method: ☐ Indiana State Central Collection Unit (INSCCU) ☐ Income Withholding Order ☐ Direct.

E. Health Insurance / Uninsured Expenses

Insurance provided by: [____________]. Uninsured medical: [____]% Mother / [____]% Father.

F. Tax Dependency

Claimed by: [____________________] (year/even-odd allocation: [____________]).

G. Best Interests Acknowledgment

This Plan is in the best interests of the child(ren) under IC § 31-17-2-8.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Mother

[____________________________________________] Date: [__/__/____]
Father

10. DECREE OF DISSOLUTION OF MARRIAGE

STATE OF INDIANA — IN THE [____________________] [CIRCUIT / SUPERIOR] COURT
COUNTY OF [____________________]

Cause No.: [____________________]

DECREE OF DISSOLUTION OF MARRIAGE

This matter came before the Court upon the Verified Petition for Dissolution of Marriage, the Marital Settlement Agreement, the Verified Waiver of Final Hearing, [the Child Support Obligation Worksheet,] [the Parenting Plan,] and the entire record. The Court, having reviewed the file, finds:

1. The Court has jurisdiction over the subject matter and the Parties.
2. At least one Party has been a resident of Indiana for six (6) months and of [____________________] County for three (3) months prior to filing (IC § 31-15-2-6).
3. Sixty (60) days have elapsed since the Petition was filed (IC § 31-15-2-10).
4. The marriage is irretrievably broken; there is no reasonable possibility of reconciliation (IC § 31-15-2-3(1)).
5. The Marital Settlement Agreement is fair, just, and reasonable, and is not unconscionable.
6. [Provisions regarding minor child(ren) serve the best interests of the child(ren) and comply with the Indiana Child Support Guidelines.]

IT IS ORDERED, ADJUDGED, AND DECREED:

A. The marriage of the Parties is DISSOLVED.
B. The Marital Settlement Agreement attached hereto is approved and incorporated into this Decree.
C. [The Parenting Plan and Child Support Order attached are approved and made orders of this Court.]
D. [Petitioner's former name [____________________] is restored.]
E. Each Party shall execute and deliver any documents necessary to effectuate the property transfers in the Agreement.
F. Costs are taxed to [____________________].

ENTERED this [____] day of [____________], 20[____].

[____________________________________________]
JUDGE, [____________________] [Circuit/Superior] Court

11. FILING & HEARING PROCEDURE

Step 1: Prepare and E-File

• Register in the Indiana E-Filing System (IEFS).
• File Verified Petition, Appearance, Marital Settlement Agreement, Waiver of Final Hearing, Financial Declaration, Parenting Plan / Child Support Worksheet (if children), and proposed Decree.
• Pay filing fee (typically $157–$177; varies by county).

Step 2: Mandatory 60-Day Waiting Period

• IC § 31-15-2-10: court cannot enter decree until at least 60 days after Petition filed.
• This period is jurisdictional.

Step 3: Parenting Class (if children)

Many counties require both parents to complete an approved parenting/co-parenting class. File certificate of completion before decree.

Step 4: Summary Disposition or Hearing

• Summary Disposition (IC § 31-15-2-13): No hearing required if Waiver of Final Hearing + Settlement Agreement are filed. Judge reviews documents and signs Decree.
• Hearing: If required by local rule, brief uncontested hearing (5–10 minutes); Petitioner testifies to jurisdictional facts and reasonableness of agreement.

Step 5: Entry of Decree

Decree is final on entry. Either party may appeal within 30 days.

Step 6: Post-Decree

• Obtain certified copies.
• Execute deeds, vehicle titles, QDROs.
• Update beneficiaries, wills, insurance.
• Modify child support / custody only by subsequent motion with substantial change in circumstances.

SOURCES AND REFERENCES

• Ind. Code § 31-15-2-3 (Grounds): https://law.justia.com/codes/indiana/title-31/article-15/chapter-2/section-31-15-2-3/
• Ind. Code § 31-15-2-6 (Residency)
• Ind. Code § 31-15-2-10 (60-day waiting)
• Ind. Code § 31-15-2-13 (Summary dissolution)
• Indiana Supreme Court Self-Service Legal Center: https://www.in.gov/courts/selfservice/
• Indiana Trial Rule 4.1 (service on individuals): https://rules.incourts.gov/Content/trial/rule4-1/current.htm
• Indiana Trial Rule 4.4 (long-arm jurisdiction and service): https://rules.incourts.gov/Content/trial/rule4-4/current.htm
• Indiana Trial Rule 6 (time; effective July 1, 2026): https://rules.incourts.gov/Content/trial/rule6/current.htm
• Indiana Legal Help — Divorce Forms: https://indianalegalhelp.org/court-forms/forms-divorce/
• Indiana Child Support Rules & Guidelines: https://www.in.gov/courts/rules/child_support/
• Indiana Parenting Time Guidelines: https://www.in.gov/courts/rules/parenting/