Indiana Divorce Records

Recent data published by the National Center for Family and Marriage Research suggests that Indiana has a divorce rate of 17.79 divorces per 1,000 married women, above the national average of 14.56 divorces per 1,000 married women.

Under Indiana law, a marriage can be dissolved because there has been an irretrievable breakdown of the marriage. This is considered a "no-fault" ground for divorce, meaning that neither spouse is required to prove fault or misconduct on the part of the other. Divorces may also be granted on "fault" grounds, which require one spouse (usually the spouse filing for the divorce) to prove that the other spouse's conduct caused the breakdown of the marriage. The state recognizes three grounds for fault divorces: felony convictions, impotence, and incurable insanity.

It costs an average of $9,157 (per spouse) to get divorced in Indiana - lower than the national average of $9,969. Note that the actual cost of divorces in the state can vary considerably depending on the complexity of the case, whether the divorce is being contested or not, and other factors such as attorney fees, court filing fees, mediation expenses, and the need for evaluations or expert witnesses.

Are Divorce Records Public in Indiana?

Divorce records are generally considered public records in Indiana and are accessible to interested parties by the state's Access to Public Records Act (APRA) (which establishes the public's right to inspect and copy government records, including divorce records).

However, exemptions are made for certain divorce records (or the information contained in these records). For example, details regarding child custody arrangements, financial affidavits containing confidential financial information, and records related to protective orders issued in connection with domestic violence may be deemed confidential or have restricted access to safeguard the privacy and well-being of the individuals involved. Access to these exempted records/information is typically limited to authorized parties, such as the couple involved in the case, their legal representatives, law enforcement agencies, and individuals with a court order granting access.

What Is Included in Indiana's Divorce Records?

Divorce records in Indiana collectively refer to different types of documents that detail divorce proceedings in the state. These records are maintained locally by the Clerk of Courts' office in the county where the divorce was filed. There are three main types of divorce records in Indiana:

• Divorce Decree: This is the final court order that officially dissolves the marriage. This document contains details on the divorcing parties and also outlines the terms of the divorce, including decisions on the division of marital property and debts, spousal maintenance (alimony), child custody, and child support obligations.
• Divorce Certificates: These documents contain basic information such as the names of the divorced parties and the date and county where the divorce was granted. They are often used for legal proof of divorce.
• Divorce Case Files: These are the official court files containing all documents filed and generated during the divorce proceedings, including petitions, motions, evidence, and testimonies.

How Do I Find Indiana Divorce Records?

Indiana divorce records can be obtained through the Clerk of Courts' office in the county where the divorce was finalized. You will typically need certified copies of these records for various legal and personal reasons, such as:

• Providing official proof of your divorce status
• Updating estate planning documents like wills and trusts
• Facilitating a name change and updating official IDs
• Updating your marital status with government agencies, insurance providers, and financial institutions
• Applying for certain benefits or claims
• Modifying existing court orders regarding custody and/or support

Look Up Indiana Divorce Certificate

You may obtain a copy of an Indiana divorce certificate by submitting an official request to the Clerk of Courts' office in the county where the divorce took place. Depending on the county, you may need to visit the clerk's office to submit this request, send a written request via mail (some counties offer request forms for this), or submit the request through an online portal or via email (where available). You will be charged a fee - this is usually $1 per copy for non-certified copies and $4 per copy for certified copies. Nonetheless, it is advisable to contact the clerk's office beforehand to find out their specific records request procedure, fees, and processing timelines.

Look Up Indiana Divorce Decree

Divorce decrees are maintained by the Clerk of Courts' office in the county where the divorce was finalized. You may obtain copies of these documents by taking the following steps:

• Determine the county where the divorce proceedings took place.
• Contact the county's Clerk of Courts' office.
• Submit a formal request for a copy (or copies) of the required divorce decree. This can typically be done in person and by mail but may also be done online or via email, depending on the court's procedures.
• Pay the applicable fees. Per Indiana law, court clerks are required to collect a fee of $1 per page for non-certified copies of court records and $4 per page for certified copies.

Look Up Indiana Divorce Court Records

To obtain copies of documents contained within an Indiana divorce case file, you will also need to contact the Clerk of Courts' office in the county where the divorce was filed. You will typically be asked to provide sufficient information to allow the clerk's office to locate the case file, such as the names of the parties, the approximate date of filing, and the case number. It is important to note that certain documents within the case file may be sealed or have restricted access due to privacy concerns, particularly those containing sensitive financial information or details involving minor children. As such, you may need to demonstrate a legitimate interest and follow specific court procedures to access sealed records.

There is a statutory fee of $1 per page for non-certified copies of court documents and $4 per page for certified copies. You may also access certain case information (at no cost) online through the Indiana Judicial Branch's mycase platform. Note that documents obtained via this platform are not considered official court records.

Can You Seal Divorce Records in Indiana?

Divorce records in Indiana may be sealed by court order under specific circumstances. The decision to seal these records is generally at the discretion of the court and is typically done to protect the privacy of the parties involved, particularly when sensitive information concerning children, financial matters, or allegations of abuse is present.

To seal a divorce record in Indiana, one of the parties involved in the case must file a motion to seal with the court that handled the divorce case. The motion should clearly state the reason(s) why sealing is necessary and provide supporting documentation. The court will typically schedule a hearing on the motion to seal, and all parties involved may be allowed to present arguments for or against the request. The judge will then weigh the public's right to access court records against the privacy interests and potential harm that could result from public disclosure before making its decision.

Note that, in most cases, if the motion is granted, only specific portions of the record will be sealed - sealing an entire case file is not common and is usually reserved for exceptional circumstances.

How Long Does a Divorce Take in Indiana?

Per Section 31-15-2-10 of the Indiana Code, the final hearing for a divorce case (and subsequent issuance of a divorce decree dissolving the marriage) cannot take place until at least 60 days after the divorce papers were filed.

Does Indiana Require Separation Before Divorce?

No, Indiana does not require a mandatory period of separation before a spouse may file for divorce.

How Are Assets Split in an Indiana Divorce?

Indiana generally follows an equitable distribution model for splitting property during divorces, where the property is divided justly and reasonably (but not necessarily equally) between both parties. Per state law, courts must begin this division with the presumption that splitting the property equally is just and reasonable; however, either spouse can rebut this presumption by providing evidence showing why an equal division would not be just and reasonable. Factors that may influence the court's final decision include (but are not limited to):

• Each spouse's contribution to acquiring property, whether financially or otherwise
• Each spouse's income or earning potential and their financial situation at the time of the divorce
• How each spouse handled the property during the marriage, including any misuse or waste of assets

Who Gets Custody of a Child in Divorce in Indiana?

The primary concern of Indiana courts when making custody decisions is the "best interest of the child". To this end, courts typically consider certain factors when determining the best interests of the child. These include:

• The child's age and sex
• The child's wishes (more consideration is given to this if the child is up to 14 years old)
• The child's relationship with each parent, sibling(s), and other relevant parties
• Any history of domestic or family violence
• The mental and physical health of everyone involved

There are two types of child custody in Indiana:

• Legal Custody: This refers to the right to make major decisions about the child's upbringing, such as education, healthcare, and religious training. Courts generally presume that joint legal custody (where parents share the responsibility for making major decisions) is in the best interest of the child. However, one parent may be granted sole legal custody in some cases.
• Physical Custody: This is often referred to as "parenting time" and speaks to where the child resides. While historical trends may have shown mothers being more often designated as primary physical custodians, current Indiana child custody laws strive for a gender-neutral approach, with courts aiming to provide for frequent and continuing contact between each parent and the child. Despite this, mothers are still likely to receive more parenting time than fathers after a divorce in Indiana. Per recent studies, it is estimated that divorced fathers in Indiana get approximately 28.8% parenting time, below the national average of 35%.