Grounds for Divorce in Indiana: No-Fault, Fault and Separation Requirements
Indiana allows four grounds and no other: irretrievable breakdown, felony conviction, impotence at the time of the marriage or incurable insanity for two years. No separation is required, and fault matters to property only as it relates to dissipation.
What are the grounds for divorce in Indiana?
Four, and no other (IC 31-15-2-3).
| Ground | Item | What the statute says |
|---|---|---|
| Irretrievable breakdown | (1) | Irretrievable breakdown of the marriage |
| Felony conviction | (2) | Conviction of either party, after the marriage, of a felony |
| Impotence | (3) | Existing at the time of the marriage |
| Incurable insanity | (4) | Of either party for a period of at least two years |
Is Indiana a no-fault state?
Largely. Irretrievable breakdown is the first ground and needs no proof of wrongdoing, which is why it is the one most spouses use. The other three grounds are narrow.
Is there a separation requirement in Indiana?
No. None of the four grounds requires a separation before filing. The only fixed times are the residence periods and the 60 days; use the Indiana divorce timeline calculator to see them.
Does fault matter to property in Indiana?
Conduct of the parties during the marriage as related to the disposition or dissipation of their property is one of the factors that can rebut the presumption of an equal division (31-15-7-5(4)); misconduct that does not touch the property is not on the list. See the Indiana property division calculator.
Does fault matter to maintenance in Indiana?
Indiana limits maintenance to three situations: an incapacitated spouse, a spouse who must forgo employment to care for an incapacitated child, and rehabilitative maintenance of up to three years from the final decree (31-15-7-2). See the Indiana alimony calculator.
Does fault matter to the children in Indiana?
Evidence of a pattern of domestic or family violence by either parent is one of the best-interest factors in a custody decision (31-17-2-8(7)). See the Indiana parenting time calculator.
Must the court find a ground in Indiana?
Yes. Dissolution of marriage is decreed upon a finding by a court of one of the four grounds and no other ground (31-15-2-3), so the petition must rest on one of them; irretrievable breakdown is the usual choice.
What maintenance can the court find in Indiana?
The court may find maintenance necessary for a spouse who is physically or mentally incapacitated, for a spouse who must forgo employment to care for an incapacitated child and lacks sufficient property, and rehabilitative maintenance, after considering education, interruptions for homemaking or child care, earning capacity and the time and expense of training, for up to three years from the final decree (31-15-7-2).
Is a ground needed in an agreed Indiana case?
Yes. Even when the spouses agree on everything, dissolution is decreed only on a finding by the court of one of the four grounds, so the petition and the hearing or waiver papers need to state irretrievable breakdown or another ground.
Does an old felony conviction count as a ground in Indiana?
Only a conviction of either party subsequent to the marriage counts (31-15-2-3(2)). A conviction before the marriage is not a ground, and impotence counts only if it existed at the time of the marriage.
Do the grounds change the timeline in Indiana?
No. The same residence rules and the same 60-day minimum apply to every Indiana dissolution.
Frequently asked questions
What are the grounds for divorce in Indiana?
Irretrievable breakdown, felony conviction, impotence at the time of the marriage and incurable insanity for two years, and no other ground.
Is Indiana a no-fault divorce state?
Largely: irretrievable breakdown needs no proof of fault.
Is a separation period required for an Indiana divorce?
No separation period is required.
Does adultery matter in an Indiana divorce?
It is not a ground; conduct matters to property only as it relates to the disposition or dissipation of the property.
Can my spouse stop an Indiana divorce?
Only by persuading the court the marriage has not irretrievably broken down.
Official sources
- IC 31-15-2-6: residence; filing in county of guardian’s residence
- IC 31-15-2-10 to 31-15-2-15: final hearing and decree (chapter 2)
- IC 31-15-2-3: grounds for dissolution
- IC 31-9-2-46: final separation
- IC 31-15-7-4: division of property
- IC 31-17-2-8: custody; best interests
- IC 31-15-7-5: presumption of equal division
- IC 31-15-7-2: maintenance findings
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.