Indiana Family Law Attorneys

At DearLegal, we connect you with experienced Indiana family law attorneys who can navigate Indiana’s equitable distribution framework. Whether you’re in Indianapolis, Fort Wayne, Evansville, South Bend, Bloomington, or anywhere in the state, we’ll match you with the right attorney — at no cost to get started.

At minimum, 60 days from filing — Indiana’s waiting period under Ind. Code § 31-15-2-10. Uncontested divorces typically finalize at the 60-day mark or shortly after. Contested cases generally take 6–12 months.

Yes. Indiana recognizes irretrievable breakdown as the primary no-fault ground under Ind. Code § 31-15-2-3. Indiana retains only 3 fault grounds (conviction of an infamous crime, impotence at marriage, incurable insanity for 2+ years), which are rarely invoked.

No pre-filing separation is required. Indiana only requires the 60-day waiting period from filing to decree under Ind. Code § 31-15-2-10.

Indiana is unique among equitable distribution states — there is a presumption of equal division of ALL property under Ind. Code § 31-15-7-5, including premarital, inherited, and gifted property. The presumption can be rebutted with evidence of factors like contribution, prior acquisition, gifts/inheritance, economic circumstances, conduct, and earnings. This is a high bar to overcome.

Indiana applies a best-interests standard under Ind. Code § 31-17-2-8 with 8 factors: age and sex of the child, parents’ wishes, child’s wishes, child’s relationships, child’s adjustment, mental and physical health of all parties, evidence of domestic or family violence, and the child’s care provider history. Joint legal custody requires the parents’ ability to communicate.

Indiana uses the Income Shares model under the Indiana Child Support Guidelines. Both parents’ weekly gross incomes are applied to the schedule and prorated, with parenting time credit, healthcare, and childcare adjustments. The Indiana Parenting Time Guidelines establish presumptive overnight schedules.

Yes. Custody can be modified on a substantial change in one of the best-interests factors. Child support requires a 20%+ change in the guideline amount or 12 months since the last order. Indiana spousal maintenance is generally non-modifiable if it’s rehabilitative; incapacity maintenance can be revisited. Property division is final.

Why Do You Need a Family Law Attorney in Indiana?

Indiana allows divorce on irretrievable breakdown of the marriage (Ind. Code § 31-15-2-3) and retains 3 fault grounds (conviction of an infamous crime, impotence at marriage, and incurable insanity for 2 years). Residency is 6 months in Indiana and 3 months in the county (Ind. Code § 31-15-2-6). Indiana imposes a 60-day waiting period from filing before the court can enter a decree (Ind. Code § 31-15-2-10). Indiana is an equitable distribution state under Ind. Code § 31-15-7-4, with a presumption of equal division of all property (including premarital) — a notable feature of Indiana law. Custody follows Ind. Code § 31-17-2-8 best-interests factors.

When Do You Need a Family Law Attorney in Indiana?

Our network includes Indiana family law attorneys who handle every kind of case, including:

Types of Family Law Cases in Indiana

From the moment you connect with a Indiana family law attorney, they go to work protecting your claim. The most common case types we handle:

Assuming premarital property is safe — Indiana presumes ALL property is divisible equally

Hiding assets — Indiana courts have wide discretion under equitable distribution and sanction nondisclosure

Posting on social media — Indiana courts routinely admit it

Communicating ex parte with the judge

Filing in Indiana when the child’s home state under UCCJEA is elsewhere

Missing the 6-month state / 3-month county residency under Ind. Code § 31-15-2-6

Assuming premarital property is safe — Indiana presumes ALL property is divisible equally

Hiding assets — Indiana courts have wide discretion under equitable distribution and sanction nondisclosure

Posting on social media — Indiana courts routinely admit it

Communicating ex parte with the judge

Filing in Indiana when the child’s home state under UCCJEA is elsewhere

Missing the 6-month state / 3-month county residency under Ind. Code § 31-15-2-6

Common Indiana Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Indiana Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in Indiana are not handled on contingency. Indiana Rule of Professional Conduct 1.5(d)(1) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in domestic relations matters where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement. Indiana family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under Ind. Code § 31-15-10-1.

What Can Your Indiana Family Law Compensation Include?

Property Division

Equitable distribution with presumption of equal division of ALL property under Ind. Code § 31-15-7-5 — including premarital, inherited, and gifted property.

Spousal Maintenance

Limited under Ind. Code § 31-15-7-2 — incapacity, caregiver of disabled child, or rehabilitative (3-year cap).

Child Support

Indiana Child Support Guidelines (Income Shares) with Parenting Time Guidelines integration.

Custody and Parenting Time

Legal and physical custody under Ind. Code § 31-17-2-8’s 8 factors, governed by the Parenting Time Guidelines.

Attorney’s Fees

Indiana courts award fees under Ind. Code § 31-15-10-1 based on the parties’ resources and conduct.

Protective Orders

Orders for protection under the Civil Protection Order Act (Ind. Code § 34-26-5) — ex parte and 2-year orders.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Indiana Family Law Attorneys

Why Do You Need a Family Law Attorney in Indiana?

When Do You Need a Family Law Attorney in Indiana?

Types of Family Law Cases in Indiana

Common Indiana Family Law Mistakes

How Much Do Indiana Family Law Attorneys Cost?

What Can Your Indiana Family Law Compensation Include?

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