Family Law Laws in Indiana

Family Law Law in Indiana: Overview

Indiana family law is governed by Indiana Code Title 31 (Family Law and Juvenile Law). Indiana follows an equitable distribution approach with a strong presumption of equal division of marital property. The state permits both no-fault and fault-based divorce, with the no-fault ground being irretrievable breakdown of the marriage. Indiana is notable for its restrictive approach to spousal maintenance (alimony), which is generally limited to three years of rehabilitative maintenance except in cases of incapacity. The state uses the income shares model for child support and applies the best interests of the child standard for custody. Indiana requires a six-month residency period and imposes a 60-day waiting period after filing before the court can grant a final decree. The state's presumption of equal property division and limitations on maintenance make Indiana one of the more structured states for divorce financial outcomes.

Key Statutes & Deadlines

Presumption of Equal Property Division

Indiana starts with a strong presumption that marital property should be divided equally between the spouses. Under Ind. Code § 31-15-7-5, the court presumes that an equal division of marital property is just and reasonable. However, the court may deviate from equal division based on factors including the contribution of each spouse to the acquisition of marital property, the extent to which the property was acquired before the marriage or through inheritance or gift, the economic circumstances of each spouse, the conduct of the parties during the marriage relating to the disposition of property, and the earnings or earning ability of each party. In practice, courts frequently deviate from equal division when the circumstances warrant it, but the starting point is always 50/50.

Limited Spousal Maintenance

Indiana is one of the most restrictive states for spousal maintenance. Under Ind. Code § 31-15-7-2, the court may award maintenance only in three specific circumstances: (1) when a spouse is physically or mentally incapacitated to the extent that the ability to support oneself is materially affected; (2) when a spouse lacks sufficient property to provide for needs and is the custodian of a child who requires the custodian to forgo employment; or (3) rehabilitative maintenance for up to three years after final dissolution to allow a spouse to complete education or training. This limited maintenance framework means that many divorcing spouses in Indiana must rely primarily on property division to ensure their financial security after divorce, making the property division stage critically important.

Child Custody Guidelines

Indiana applies the best interests of the child standard under Ind. Code § 31-17-2-8, considering factors including the age and sex of the child, the wishes of the parents and child, the interaction between the child and parents, siblings, and other significant persons, the child's adjustment to home, school, and community, the mental and physical health of all individuals, and any evidence of domestic violence. Indiana has adopted the Indiana Parenting Time Guidelines, which establish recommended minimum parenting time schedules for non-custodial parents, including specific provisions for infants and toddlers, school-age children, and holidays. These guidelines are presumptively reasonable but may be modified based on the specific circumstances of the case.

Indiana Court System

Family law cases in Indiana are heard by the Circuit Courts and Superior Courts, which serve as the state's trial courts of general jurisdiction. Indiana has 92 counties, each with a Circuit Court, and many counties also have Superior Courts. In larger counties such as Marion County (Indianapolis), there are dedicated family law divisions. Indiana courts utilize mediation in many family law cases, and some courts have established family court projects that provide comprehensive services including parenting education, custody mediation, and guardian ad litem appointments. Appeals from trial court family law decisions go to the Indiana Court of Appeals and may be further reviewed by the Indiana Supreme Court.

Damages & Penalties

Indiana courts begin with a presumption of equal division of marital property but may deviate based on statutory factors including contributions, economic circumstances, and conduct of the parties. The court divides all marital property, which includes virtually all assets acquired during the marriage. Maintenance is limited as described above, with rehabilitative maintenance capped at three years in most cases. Child support is calculated using the income shares model under the Indiana Child Support Rules and Guidelines, which consider both parents' weekly gross incomes, the number of children, health insurance costs, childcare expenses, and the parenting time credit. Indiana applies a parenting time credit that reduces the child support obligation when the non-custodial parent exercises significant parenting time (generally 93 or more overnights per year). Enforcement of support orders includes income withholding, tax refund intercepts, license suspension, contempt of court, and criminal prosecution for persistent nonpayment. Indiana also allows for modification of support orders when there is a change in circumstances showing at least a 20% change in the support amount.

Recent Legislative Changes

Indiana has updated its child support guidelines to adjust income shares and reflect current economic data. The state has also expanded its parenting time guidelines, improved access to family court services for self-represented litigants, and enhanced electronic filing capabilities in family law cases.

Frequently Asked Questions