Indiana Divorce Laws: Residency, Waiting Period, Custody and Support
Indiana divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Indiana
- Residency requirement
- When the petition is filed, at least one spouse must have lived in Indiana (or been stationed at a U.S. Ind. Code § 31-15-2-6
- Waiting period
- The final hearing cannot be held, and a summary decree cannot be entered, until at least 60 days after the petition is filed. Ind. Code §§ 31-15-2-10, 31-15-2-13
- Dividing property
- Indiana uses equitable distribution with a presumption of equal division. The court divides all of the spouses' property, including property owned before the marriage and property acquired by either spouse's own efforts or by gift or inheritance, in a just and reasonable manner. Ind. Code §§ 31-15-7-4, 31-15-7-5
- Filing fee
- Filing fees are collected by the county Clerk and differ by county and by how the other spouse is served. Clark County Clerk of Courts, Notice to Self Represented Parties Filing a Divorce Case (05/2024)
- When child support ends
- The general duty of child support (not counting educational support) ends when the child turns 19, unless: the child is emancipated earlier (for example, by active military duty or marriage, or not being under a parent's or approved caretaker's care or control); Ind. Code § 31-16-6-6
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | When the petition is filed, at least one spouse must have lived in Indiana (or been stationed at a U.S. military installation in Indiana) for the 6 months before filing, and at least one spouse must have lived in the county where the case is filed (or been stationed at a military installation there) for the 3 months before filing. Re-verified 2026-10-27. Source: Ind. Code § 31-15-2-6 |
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| Grounds for divorce | A divorce (dissolution of marriage) is granted only on one of these grounds: irretrievable breakdown of the marriage (no-fault); conviction of either spouse of a felony after the marriage; impotence existing at the time of marriage; or incurable insanity of either spouse for at least 2 years. Re-verified 2026-10-27. Source: Ind. Code § 31-15-2-3 |
| Waiting period | The final hearing cannot be held, and a summary decree cannot be entered, until at least 60 days after the petition is filed. Re-verified 2026-10-27. |
| Filing fee | Filing fees are collected by the county Clerk and differ by county and by how the other spouse is served. For example, the Clark County Clerk lists $177 for a divorce served by certified mail or $205 for service by the sheriff (May 2024). Example from one county only; check with your county Clerk. |
| Uncontested or simplified divorce | If both spouses agree, the court may enter a summary dissolution decree without a final hearing, at least 60 days after filing, if both spouses sign and file verified pleadings that include a written waiver of the final hearing and either a statement that no issues are contested or a written settlement agreement. Re-verified 2026-10-27. Source: Ind. Code § 31-15-2-13 |
| Divorce forms | The Indiana Judicial Branch's Self-Service Legal Center directs people representing themselves to court forms from the Coalition for Court Access at IndianaLegalHelp.org, which offers form packets for certain types of cases. The Center also links to the state's child support calculator, information on e-filing, and a directory of local clerk's offices. |
Property and alimony
| Dividing property | Indiana uses equitable distribution with a presumption of equal division. The court divides all of the spouses' property, including property owned before the marriage and property acquired by either spouse's own efforts or by gift or inheritance, in a just and reasonable manner. An equal division is presumed just and reasonable, but a spouse can rebut it with evidence about each spouse's contributions, whether property was acquired before the marriage or by inheritance or gift, each spouse's economic circumstances (including who will live in the family home with the children), conduct related to wasting property, and earning ability. Re-verified 2026-10-27. |
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| Alimony (spousal support) | Indiana calls alimony maintenance, and it is limited to three situations: (1) a spouse is physically or mentally incapacitated in a way that materially affects self-support, for the period of incapacity; (2) a spouse lacks enough property to meet their needs and must stay home to care for a child with a physical or mental incapacity; or (3) rehabilitative maintenance, for up to 3 years after the decree, based on each spouse's education, interruptions in education or work for homemaking or child care, earning capacity, and the time and cost of training. Re-verified 2026-10-27. Source: Ind. Code § 31-15-7-2 |
Children: custody and support
| Child custody | Custody is decided by the best interests of the child, with no presumption favoring either parent. Factors include the child's age and sex, the parents' wishes, the child's wishes (given more weight if the child is at least 14), the child's relationships with parents, siblings and others, adjustment to home, school and community, the health of everyone involved, any pattern of domestic or family violence, and care by a de facto custodian. For joint legal custody, the court also considers whether the parents can communicate and cooperate. The Indiana Parenting Time Guidelines also apply to parenting time schedules. Re-verified 2026-10-27. |
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| Emergency and temporary custody | Under Indiana's interstate custody law, an Indiana court has temporary emergency jurisdiction if the child is present in Indiana and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Indiana order lasts only until an order is obtained from that state within the period the court sets. Re-verified 2026-10-27. Source: Ind. Code § 31-21-5-4 |
| Parenting class or mediation | Some Indiana counties require divorcing parents of minor children to attend a seminar and to mediate; for example, the Clark County divorce-with-children packet includes a Notice of Seminar Requirement and a Notice of Mediation Requirement. No statewide requirement was verified; rules vary by county. |
| Grandparents' rights | A grandparent may seek visitation if the child's parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born to unmarried parents (a paternal grandparent only if paternity has been established). The court may grant visitation if it is in the child's best interests, and may consider whether the grandparent has had or tried to have meaningful contact with the child. Re-verified 2026-10-27. |
Child support
| Child support | Indiana's Child Support Guidelines use the Income Shares Model and apply in every case where child support is set, including divorce and legal separation. The parents' weekly adjusted incomes are combined, support is found on a schedule, and each parent's share is in proportion to income, with credits for health insurance premiums and for parenting time. The Indiana Judicial Branch provides an official online child support calculator. The calculator page offers an older version for obligations before December 31, 2023. |
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| How to apply for child support | Enroll with the Indiana Department of Child Services (DCS) Child Support Program. Custodial and noncustodial parents, and caretakers or relatives with custody, can enroll, even if the other parent lives in another state. Enroll online with the Child Support Online Enrollment Form, or contact your county prosecutor's child support office, complete a Child Support Enrollment Form and take or mail it to that office. There is no fee to enroll. Once you enroll, a case is opened in your local county prosecutor's office, which decides what services your case needs. |
| When child support ends | The general duty of child support (not counting educational support) ends when the child turns 19, unless: the child is emancipated earlier (for example, by active military duty or marriage, or not being under a parent's or approved caretaker's care or control); the child is incapacitated, in which case support continues during the incapacity or until the court orders otherwise; the child is at least 18, has not attended school for four months, is not enrolled and can support himself or herself, in which case the court can end (or reduce) support; or the child is a full-time high school student and a parent files a notice (between the child's 17th and 19th birthdays, with proof of enrollment and the expected graduation date), in which case support continues until high school graduation. An order for educational needs may continue until further court order. Re-verified 2026-10-27. Source: Ind. Code § 31-16-6-6 |
| Changing a child support order | A child support order may be modified upon a showing of changed circumstances so substantial and continuing that the terms are unreasonable, or when the current order differs by more than 20% from the guideline amount and the order was issued at least 12 months before the petition was filed. Incarceration may count as a substantial and continuing change. Either parent may petition the court. The county prosecutor's Title IV-D office must review orders for families receiving TANF every three years and may file a petition to modify; the office cannot help with divorce, custody or parenting time issues. Re-verified 2026-10-27. |
| If child support isn't paid | Enforcement is handled through the county prosecutor's Title IV-D child support office and the State Child Support Bureau. Tools described by DCS include income withholding orders sent to employers, petitions filed with the court to enforce the order, interception of federal and state income tax refunds (with a fee per federal offset; the parent can request an administrative hearing within 30 days to contest a state offset), and withholding from lump sums such as severance, bonuses and commissions when arrears are owed. Custodial Party FAQ: https://www.in.gov/dcs/child-support/faqs/custodial-party-faq |
| State child support agency | The Indiana Department of Child Services (DCS) runs the state Child Support Program, and county Prosecutor's Title IV-D child support offices open and manage cases. Services include establishing paternity, locating the non-custodial parent, setting up or changing child support and medical support orders, collecting payments and determining past-due amounts. Enroll free online through the Child Support Online Enrollment Form, or complete the Child Support Enrollment Form and bring or mail it to your county Prosecutor's child support office. Payments can be made through the DCS Make a Payment page, and payment history can be checked online. |
| Official child support calculator | The Indiana Judicial Branch publishes the Indiana Child Support Calculator, an online tool based on the Indiana Child Support Guidelines (with their updated support schedule). Parents answer questions about the children, income, parenting time, health care and other costs to estimate weekly support payments and can download forms for use in court; practitioners have a separate version. A former calculator remains available for obligations before December 31, 2023. Parents calculator: https://public.courts.in.gov/csc/#/parents-home; guidelines: https://rules.incourts.gov/Content/child-support/default.htm |
Separation, annulment, records and marriage
| Legal separation | Yes. The court may grant a legal separation for up to 1 year if living together is currently intolerable for both spouses, the marriage should be maintained, and neither spouse has filed for divorce. Re-verified 2026-10-27. |
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| Annulment | Some marriages are void without any court action: bigamous marriages, marriages between relatives closer than second cousins (except first cousins who were both at least 65 when they married after September 1, 1977), and common-law marriages entered into after January 1, 1958. A marriage is also void if either party was mentally incompetent when it was solemnized, or if Indiana residents married in another state to evade Indiana's marriage-age or license rules and then returned to live in Indiana. A marriage is voidable, and can be annulled, if a party lacked capacity because of age or mental incompetency, or if it was brought about by fraud by one of the parties. Re-verified and corrected 2026-10-27. |
| Common-law marriage | No. A common-law marriage entered into in Indiana after January 1, 1958 is void. Re-verified 2026-10-27. Source: Ind. Code § 31-11-8-5 |
| Changing your name after divorce | A spouse who wants a maiden or previous married name restored must include the requested name in the divorce petition as part of the relief sought, and the court grants the change when it enters the decree. This does not apply to a lifetime sex or violent offender. The statute is written in terms of 'a woman.' Re-verified 2026-10-27. Source: Ind. Code § 31-15-2-18 |
| Divorce records | The Indiana Department of Health does not issue divorce records. To get a certified copy of a divorce decree, contact the Clerk of Court in the county where the divorce was granted. |
Marriage and name changes
| Getting a marriage license | A couple must get a marriage license from the clerk of the circuit court in the county where either of them lives (or, if neither lives in Indiana, the county where the wedding will take place). The written, verified application lists each applicant's full name, birthplace, residence, age, dependent children, parents' names, whether either is a lifetime sex or violent offender, and facts showing there is no legal impediment, and both sign an acknowledgment that they received information on sexually transmitted diseases and HIV test sites. The clerk may not issue a license to someone adjudged mentally incompetent or under the influence of alcohol or drugs. A license expires 60 days after it is issued if no marriage takes place. If the clerk refuses, the couple can ask the circuit court for a hearing. Re-verified 2026-10-27. |
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| Minimum marriage age | Both people must be at least 18, with one exception: a 16- or 17-year-old may marry someone no more than four years older only after a juvenile court grants an order approving the marriage and completely emancipating the minor. The court holds a hearing, appoints a guardian ad litem, interviews the minor privately, and must find the minor's decision is voluntary, the minor is mature and self-supporting independent of parents and the intended spouse, understands the consequences, and that the marriage and emancipation are in the minor's best interest. The license application can be made no earlier than 15 days after that order. Re-verified 2026-10-27. |
| Legal name change | An adult files a petition in the circuit, superior or probate court of the county where he or she lives. Notice must be published three times, once a week, in a newspaper of general circulation in the county, with the last publication at least 30 days before the hearing; proof of publication is filed by a disinterested person's affidavit, and the court then decides the petition. A person with a felony conviction in the past 10 years must also notify the county sheriff, the county prosecutor and the state criminal history repository (with fingerprints) at least 30 days before the hearing. Re-verified 2026-10-27. |
Adoption, guardianship and paternity
| Adoption requirements | A petition to adopt a child under 18 must be filed through an attorney of record with the court having probate jurisdiction in the county where the petitioner or child lives, where the placing agency is located, or where the attorney has an office (or any county if all required consents or termination orders are filed with it). Written consent is generally required from each parent of a child born in marriage, the mother and legally established father of a child born outside marriage, any person or agency with custody, and the child if over 14. A licensed child placing agency (or the local child services office in a CHINS case) investigates and reports within 60 days, and the adoption is granted only after a period of supervision. The court grants the adoption if it is in the child's best interest, the petitioners can rear and support the child, required paternity-registry and consent filings are made, and criminal history does not bar it. Re-verified 2026-10-27. |
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| Stepparent adoption | When a petitioner is the child's stepparent (or grandparent), the court may waive the period of supervision and the agency investigation report, but it must still have a criminal history check done and reported. The other parent's consent is required unless an exception applies, such as abandonment for at least six months before filing, or failing for at least one year without justifiable cause to communicate significantly with the child or knowingly failing to support the child when able to do so. Re-verified 2026-10-27. |
| Guardianship of a child | Any person may petition the probate court to appoint a guardian for a minor; the petition describes the minor, any property, the proposed guardian and the reasons. The court appoints a guardian if it finds the person is a minor and a guardian is necessary to provide care and supervision of the minor's person or property; if a guardian is not in the minor's best interest, the court may instead enter a protective order, another order, or dismiss. Re-verified 2026-10-27. Source: Ind. Code §§ 29-3-5-1, 29-3-5-3 |
| Guardianship of an adult | Any person may petition for a guardian for an incapacitated adult. The petition must describe the nature of the incapacity, any limitations requested for a limited guardianship, and the petitioner's efforts to use less restrictive alternatives first, including which alternatives were considered or tried and why. The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary for care and supervision of the person or property; where the person's welfare is best served by a limited guardianship, the court must tailor orders to encourage self-reliance and independence. Re-verified 2026-10-27. Source: Ind. Code §§ 29-3-5-1, 29-3-5-3 |
| Establishing paternity | For a child born outside marriage, the mother and the man who reasonably appears to be the father may sign a paternity affidavit on the state health department form, either at the hospital within 72 hours after the birth or later at a local health department before the child reaches the age of emancipation. The affidavit establishes paternity and the father's rights and duties, including child support and parenting time, and may provide for joint legal custody if both parents check that box. Within 60 days of signing, the man may file a court action asking for genetic testing; after 60 days, the affidavit can be rescinded only if a court finds fraud, duress or material mistake of fact and a court-ordered genetic test excludes him. In a court paternity case, the court must order genetic testing on any party's motion. Re-verified 2026-10-27. |
| Emancipation of a minor | Under Indiana's juvenile code, a juvenile court may partially or completely emancipate a child as part of a child in need of services (CHINS) case, on the child's petition; the court appoints an attorney guardian ad litem to investigate and may grant it if emancipation is in the child's best interest and the child wants to be free of parental control, has enough money for support, understands the consequences and has an acceptable independent-living plan. Complete emancipation gives adult rights and responsibilities, subject to school attendance, marriage-age and other age-based laws. Separately, a 16- or 17-year-old whom a juvenile court approves to marry is completely emancipated by that order. Re-verified 2026-10-27. |
Where to get help in Indiana
Divorce & Family Law FAQ
How long do you have to live in Indiana to file for divorce?
When the petition is filed, at least one spouse must have lived in Indiana (or been stationed at a U.S. military installation in Indiana) for the 6 months before filing, and at least one spouse must have lived in the county where the case is filed (or been stationed at a military installation there) for the 3 months before filing.
Is Indiana a no-fault divorce state?
A divorce (dissolution of marriage) is granted only on one of these grounds: irretrievable breakdown of the marriage (no-fault); conviction of either spouse of a felony after the marriage; impotence existing at the time of marriage; or incurable insanity of either spouse for at least 2 years.
Is there a waiting period for divorce in Indiana?
The final hearing cannot be held, and a summary decree cannot be entered, until at least 60 days after the petition is filed.
How much does it cost to file for divorce in Indiana?
Filing fees are collected by the county Clerk and differ by county and by how the other spouse is served. For example, the Clark County Clerk lists $177 for a divorce served by certified mail or $205 for service by the sheriff (May 2024).
How do you get an uncontested divorce in Indiana?
If both spouses agree, the court may enter a summary dissolution decree without a final hearing, at least 60 days after filing, if both spouses sign and file verified pleadings that include a written waiver of the final hearing and either a statement that no issues are contested or a written settlement agreement.
Is Indiana a community property state?
Indiana uses equitable distribution with a presumption of equal division. The court divides all of the spouses' property, including property owned before the marriage and property acquired by either spouse's own efforts or by gift or inheritance, in a just and reasonable manner. An equal division is presumed just and reasonable, but a spouse can rebut it with evidence about each spouse's contributions, whether property was acquired before the marriage or by inheritance or gift, each spouse's economic circumstances (including who will live in the family home with the children), conduct related to wasting property, and earning ability.
How is alimony decided in Indiana?
Indiana calls alimony maintenance, and it is limited to three situations: (1) a spouse is physically or mentally incapacitated in a way that materially affects self-support, for the period of incapacity; (2) a spouse lacks enough property to meet their needs and must stay home to care for a child with a physical or mental incapacity; or (3) rehabilitative maintenance, for up to 3 years after the decree, based on each spouse's education, interruptions in education or work for homemaking or child care, earning capacity, and the time and cost of training.
How is child custody decided in Indiana?
Custody is decided by the best interests of the child, with no presumption favoring either parent. Factors include the child's age and sex, the parents' wishes, the child's wishes (given more weight if the child is at least 14), the child's relationships with parents, siblings and others, adjustment to home, school and community, the health of everyone involved, any pattern of domestic or family violence, and care by a de facto custodian. For joint legal custody, the court also considers whether the parents can communicate and cooperate.
How is child support calculated in Indiana?
Indiana's Child Support Guidelines use the Income Shares Model and apply in every case where child support is set, including divorce and legal separation. The parents' weekly adjusted incomes are combined, support is found on a schedule, and each parent's share is in proportion to income, with credits for health insurance premiums and for parenting time. The Indiana Judicial Branch provides an official online child support calculator.
Do you have to take a parenting class to divorce in Indiana?
Some Indiana counties require divorcing parents of minor children to attend a seminar and to mediate; for example, the Clark County divorce-with-children packet includes a Notice of Seminar Requirement and a Notice of Mediation Requirement.
Can you get a legal separation in Indiana?
Yes. The court may grant a legal separation for up to 1 year if living together is currently intolerable for both spouses, the marriage should be maintained, and neither spouse has filed for divorce.
What are the grounds for annulment in Indiana?
Some marriages are void without any court action: bigamous marriages, marriages between relatives closer than second cousins (except first cousins who were both at least 65 when they married after September 1, 1977), and common-law marriages entered into after January 1, 1958. A marriage is also void if either party was mentally incompetent when it was solemnized, or if Indiana residents married in another state to evade Indiana's marriage-age or license rules and then returned to live in Indiana. A marriage is voidable, and can be annulled, if a party lacked capacity because of age or mental incompetency, or if it was brought about by fraud by one of the parties.
Does Indiana recognize common-law marriage?
No. A common-law marriage entered into in Indiana after January 1, 1958 is void.
Do grandparents have visitation rights in Indiana?
A grandparent may seek visitation if the child's parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born to unmarried parents (a paternal grandparent only if paternity has been established). The court may grant visitation if it is in the child's best interests, and may consider whether the grandparent has had or tried to have meaningful contact with the child.
How do you change your name back after a divorce in Indiana?
A spouse who wants a maiden or previous married name restored must include the requested name in the divorce petition as part of the relief sought, and the court grants the change when it enters the decree. This does not apply to a lifetime sex or violent offender.
At what age does child support end in Indiana?
The general duty of child support (not counting educational support) ends when the child turns 19, unless: the child is emancipated earlier (for example, by active military duty or marriage, or not being under a parent's or approved caretaker's care or control); the child is incapacitated, in which case support continues during the incapacity or until the court orders otherwise; the child is at least 18, has not attended school for four months, is not enrolled and can support himself or herself, in which case the court can end (or reduce) support; or the child is a full-time high school student and a parent files a notice (between the child's 17th and 19th birthdays, with proof of enrollment and the expected graduation date), in which case support continues until high school graduation. An order for educational needs may continue until further court order.
How do I file for child support in Indiana?
Enroll with the Indiana Department of Child Services (DCS) Child Support Program. Custodial and noncustodial parents, and caretakers or relatives with custody, can enroll, even if the other parent lives in another state. Enroll online with the Child Support Online Enrollment Form, or contact your county prosecutor's child support office, complete a Child Support Enrollment Form and take or mail it to that office. There is no fee to enroll. Once you enroll, a case is opened in your local county prosecutor's office, which decides what services your case needs.
What happens if you don't pay child support in Indiana?
Enforcement is handled through the county prosecutor's Title IV-D child support office and the State Child Support Bureau. Tools described by DCS include income withholding orders sent to employers, petitions filed with the court to enforce the order, interception of federal and state income tax refunds (with a fee per federal offset; the parent can request an administrative hearing within 30 days to contest a state offset), and withholding from lump sums such as severance, bonuses and commissions when arrears are owed.
How do you modify child support in Indiana?
A child support order may be modified upon a showing of changed circumstances so substantial and continuing that the terms are unreasonable, or when the current order differs by more than 20% from the guideline amount and the order was issued at least 12 months before the petition was filed. Incarceration may count as a substantial and continuing change. Either parent may petition the court. The county prosecutor's Title IV-D office must review orders for families receiving TANF every three years and may file a petition to modify; the office cannot help with divorce, custody or parenting time issues.
How do you get emergency custody in Indiana?
Under Indiana's interstate custody law, an Indiana court has temporary emergency jurisdiction if the child is present in Indiana and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Indiana order lasts only until an order is obtained from that state within the period the court sets.
Are divorce records public in Indiana, and how do I get a copy?
The Indiana Department of Health does not issue divorce records. To get a certified copy of a divorce decree, contact the Clerk of Court in the county where the divorce was granted.
How do you get a marriage license in Indiana?
A couple must get a marriage license from the clerk of the circuit court in the county where either of them lives (or, if neither lives in Indiana, the county where the wedding will take place). The written, verified application lists each applicant's full name, birthplace, residence, age, dependent children, parents' names, whether either is a lifetime sex or violent offender, and facts showing there is no legal impediment, and both sign an acknowledgment that they received information on sexually transmitted diseases and HIV test sites. The clerk may not issue a license to someone adjudged mentally incompetent or under the influence of alcohol or drugs. A license expires 60 days after it is issued if no marriage takes place. If the clerk refuses, the couple can ask the circuit court for a hearing.
What is the legal age to get married in Indiana?
Both people must be at least 18, with one exception: a 16- or 17-year-old may marry someone no more than four years older only after a juvenile court grants an order approving the marriage and completely emancipating the minor. The court holds a hearing, appoints a guardian ad litem, interviews the minor privately, and must find the minor's decision is voluntary, the minor is mature and self-supporting independent of parents and the intended spouse, understands the consequences, and that the marriage and emancipation are in the minor's best interest. The license application can be made no earlier than 15 days after that order.
What are the requirements to adopt a child in Indiana?
A petition to adopt a child under 18 must be filed through an attorney of record with the court having probate jurisdiction in the county where the petitioner or child lives, where the placing agency is located, or where the attorney has an office (or any county if all required consents or termination orders are filed with it). Written consent is generally required from each parent of a child born in marriage, the mother and legally established father of a child born outside marriage, any person or agency with custody, and the child if over 14. A licensed child placing agency (or the local child services office in a CHINS case) investigates and reports within 60 days, and the adoption is granted only after a period of supervision. The court grants the adoption if it is in the child's best interest, the petitioners can rear and support the child, required paternity-registry and consent filings are made, and criminal history does not bar it.
How does stepparent adoption work in Indiana?
When a petitioner is the child's stepparent (or grandparent), the court may waive the period of supervision and the agency investigation report, but it must still have a criminal history check done and reported. The other parent's consent is required unless an exception applies, such as abandonment for at least six months before filing, or failing for at least one year without justifiable cause to communicate significantly with the child or knowingly failing to support the child when able to do so.
How do you get guardianship of a child in Indiana?
Any person may petition the probate court to appoint a guardian for a minor; the petition describes the minor, any property, the proposed guardian and the reasons. The court appoints a guardian if it finds the person is a minor and a guardian is necessary to provide care and supervision of the minor's person or property; if a guardian is not in the minor's best interest, the court may instead enter a protective order, another order, or dismiss.
How do you get guardianship of an adult in Indiana?
Any person may petition for a guardian for an incapacitated adult. The petition must describe the nature of the incapacity, any limitations requested for a limited guardianship, and the petitioner's efforts to use less restrictive alternatives first, including which alternatives were considered or tried and why. The court appoints a guardian if it finds the person is incapacitated and a guardian is necessary for care and supervision of the person or property; where the person's welfare is best served by a limited guardianship, the court must tailor orders to encourage self-reliance and independence.
How do you establish paternity in Indiana?
For a child born outside marriage, the mother and the man who reasonably appears to be the father may sign a paternity affidavit on the state health department form, either at the hospital within 72 hours after the birth or later at a local health department before the child reaches the age of emancipation. The affidavit establishes paternity and the father's rights and duties, including child support and parenting time, and may provide for joint legal custody if both parents check that box. Within 60 days of signing, the man may file a court action asking for genetic testing; after 60 days, the affidavit can be rescinded only if a court finds fraud, duress or material mistake of fact and a court-ordered genetic test excludes him. In a court paternity case, the court must order genetic testing on any party's motion.
How do you legally change your name in Indiana?
An adult files a petition in the circuit, superior or probate court of the county where he or she lives. Notice must be published three times, once a week, in a newspaper of general circulation in the county, with the last publication at least 30 days before the hearing; proof of publication is filed by a disinterested person's affidavit, and the court then decides the petition. A person with a felony conviction in the past 10 years must also notify the county sheriff, the county prosecutor and the state criminal history repository (with fingerprints) at least 30 days before the hearing.
How does a minor get emancipated in Indiana?
Under Indiana's juvenile code, a juvenile court may partially or completely emancipate a child as part of a child in need of services (CHINS) case, on the child's petition; the court appoints an attorney guardian ad litem to investigate and may grant it if emancipation is in the child's best interest and the child wants to be free of parental control, has enough money for support, understands the consequences and has an acceptable independent-living plan. Complete emancipation gives adult rights and responsibilities, subject to school attendance, marriage-age and other age-based laws. Separately, a 16- or 17-year-old whom a juvenile court approves to marry is completely emancipated by that order.
Where can I get divorce papers and forms in Indiana?
The Indiana Judicial Branch's Self-Service Legal Center directs people representing themselves to court forms from the Coalition for Court Access at IndianaLegalHelp.org, which offers form packets for certain types of cases. The Center also links to the state's child support calculator, information on e-filing, and a directory of local clerk's offices.
Who handles child support in Indiana, and how do I contact them?
The Indiana Department of Child Services (DCS) runs the state Child Support Program, and county Prosecutor's Title IV-D child support offices open and manage cases. Services include establishing paternity, locating the non-custodial parent, setting up or changing child support and medical support orders, collecting payments and determining past-due amounts. Enroll free online through the Child Support Online Enrollment Form, or complete the Child Support Enrollment Form and bring or mail it to your county Prosecutor's child support office. Payments can be made through the DCS Make a Payment page, and payment history can be checked online.
Is there an official child support calculator in Indiana?
The Indiana Judicial Branch publishes the Indiana Child Support Calculator, an online tool based on the Indiana Child Support Guidelines (with their updated support schedule). Parents answer questions about the children, income, parenting time, health care and other costs to estimate weekly support payments and can download forms for use in court; practitioners have a separate version. A former calculator remains available for obligations before December 31, 2023.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.