Divorce Residency Requirements in Indiana: Who Can File and Where
Indiana requires one spouse to be a resident of the state for six months and of the filing county for three months immediately before the petition is filed. Stationing at a military installation counts, and custody has a separate jurisdiction test.
What residence does an Indiana divorce require?
At the time the petition is filed, at least one of the parties must have been a resident of Indiana, or stationed at a United States military installation within Indiana, for six months immediately preceding the filing (IC 31-15-2-6(a)). Only one spouse has to meet it. The Indiana divorce timeline calculator adds six months to the date you enter.
What is the county rule in Indiana?
At least one of the parties must also have been a resident of the county where the petition is filed, or stationed at a military installation in that county, for three months immediately preceding the filing (31-15-2-6(b)). If you moved counties recently, the calculator takes the later of the six-month and three-month dates.
What about a guardian filing for an incapacitated spouse in Indiana?
If a court has authorized a guardian to file on behalf of an incapacitated person, the guardian may file in the guardian’s county of residence if the guardian has lived there at least three months before the filing (31-15-2-6(c)).
Where do you file for divorce in Indiana?
In the county that meets the county rule. The statute names the county test but not a court, so ask the clerk of the county where you will file which court takes the petition.
Does residence decide custody jurisdiction too in Indiana?
No. Custody is decided on the child’s best interests under the custody statute (IC 31-17-2-8), and the court needs its own jurisdiction over the child. A parent who moves to Indiana with a child can be divorced here before an Indiana court can decide custody; see the Indiana parenting time calculator and ask a licensed Indiana attorney about the child’s home state.
Does it matter which spouse files in Indiana?
No. The residence rules ask whether at least one of the parties met them at the filing, so either spouse can file as long as one of the two meets the six-month and three-month tests.
What if I file before the residence periods are complete in Indiana?
The statute asks about residence at the time of filing, so an early petition is vulnerable. Wait for the date the calculator shows, or ask a licensed Indiana attorney how your county treats an early filing.
How should I use the dates the calculator shows in Indiana?
Treat the filing date as the first day the petition can be filed without a residence problem, and the hearing date as the first day the court may hold a final hearing. Plan a margin, because service and the court calendar come after the filing, and keep proof of the dates your residence began.
What does immediately preceding mean in Indiana?
Both residence periods are counted back from the filing date, so a break just before filing, such as a move to another county, restarts the county clock even if the state clock keeps running.
How do the residence periods and the 60 days fit together in Indiana?
They are separate clocks. For example, a spouse who moved to Indiana, and the county, on March 1 completes six months on September 1 and can file that day, and the 60 days after filing end on October 31.
Frequently asked questions
How long must I live in Indiana to file for divorce?
Six months in the state and three months in the county immediately before filing, for at least one spouse.
Do both spouses have to live in Indiana to divorce there?
No. Only one spouse has to meet the residence rules.
Does military service count for Indiana residence?
Yes. A party stationed at a U.S. military installation in Indiana, or in the county, counts.
Where do I file for divorce in Indiana?
In the county where at least one party has been a resident for three months.
Does Indiana residency decide custody jurisdiction?
No. Custody has its own jurisdiction rules and follows the child’s best interests.
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
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.