Please note that staff cannot offer legal advice.
Indiana Supreme Court
Division of State Court Administration
30 S. Meridian St., Suite 500
Indianapolis, IN 46204
You should use this form packet if you want to divorce your spouse AND:
If either you or your spouse is in the military, or if you or your spouse is pregnant, DO NOT use this form packet. There are special issues in your case that these forms do not address, and you need to seek legal advice from a lawyer.
If you are seeking a Protective Order, you may obtain a form from the Clerk of the Court or obtain it from the Indiana Supreme Court's Protection Order page. A Petition for a Protective Order must be filed as a separate case from this dissolution matter.
Forms are available in two formats: (1) electronic fillable, and (2) printable. If you prefer to type your answers on the computer in an easy-to-use questionnaire and then print completed forms, choose the electronic fillable packet. When you answer the questions, the forms will be filled in automatically. If you prefer to complete the forms by hand following printed instructions, choose the printable packet.
Once the packet is completed, you must print the forms, sign the forms, make copies, and take them to the Clerk of the Court. Review your local court rules to find out how many copies you will need, and any additional forms or procedures required in your county.
By law, court records are available to the public, and upon request anyone can look in almost any court file. Courts that have the ability to post court information on the Internet may post non-confidential court information on the Internet. The law also provides that certain information must remain confidential even if it is part of a court record. Such confidential information must be filed on light green paper so that everyone can easily identify it and not release it to the public. It is important that you know what information is confidential and that you submit it to the court on light green paper.
Confidential information that should be filed on green paper includes:
You must file one version of the document on white paper WITHOUT the confidential information included, and you must file another copy of the same document, but this time you have to print it on light green paper WITH the confidential information included. Before you file your court papers, review the list of information and documents that are confidential as outlined in Administrative Rule 9.
To file a copy of this packet that excludes the confidential information, you may:
The Clerk will provide the case number and process the forms. The Clerk will stamp the forms with a filing date and give you back a copy. Mail a stamped copy of the forms to your spouse’s attorney, or to your spouse if he or she does not have an attorney. If you asked for a provisional hearing, the Court will send you a notice telling you when the provisional hearing will be. Indiana law (IC 31-15-2-10) requires that you must wait at least 60 days after you file the papers to finish your divorce.
A provisional hearing is a hearing before the final trial date where parties ask for temporary orders such as temporary possession of the marital residence and spousal maintenance. Each party may present evidence and testimony in his or her behalf.
The judge will issue orders at the provisional hearing that will remain in effect until the Final Decree of Dissolution or until modified upon request before the final decree. If you asked for a Provisional Hearing, you must complete a Child Support Worksheet and take it to that hearing. Go to http://www.in.gov/judiciary/rules/child_support/docs/csow.pdf to use the online calculator or to print blank forms.
After 60 days, take to the Clerk of the Court
The Clerk will file-stamp the forms.
You and your spouse should each receive a copy of the Notice of Final Hearing back in the mail. This will tell you the date of your final hearing.
Watch the chapter(s) on preparing for your hearing in the video Family Matters: Choosing to Represent Yourself in Court.
Before you go to Court, you should review the Dissolution of Marriage statute (IC 31-15), the Child Support statute (IC 31-16), and the Child Custody statute (IC 31-17) so that you know what evidence you need to present to the Judge.
Sometimes, the Judge will make his or decision right away. Sometimes you will have to wait for the decision to come in the mail. The Judge might sign the decree you provided or issue one of his or her own. If it has been several weeks since the final hearing and you have still not received your decree in the mail, call the Court and ask for a copy.
If you go to your final hearing without a completed Child Support Obligation Worksheet, the Court may not hear your case that day, and your divorce will be delayed. Go to http://www.in.gov/judiciary/rules/child_support/docs/csow.pdf to use the online calculator or to print blank forms.