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Indiana Divorce Checklist: What To Do Before You File

Indiana divorce is not just a stack of forms and a court date. It is a series of decisions that shape your money, your children’s lives, and your future. If you are starting to search for an Indiana divorce checklist or wondering what to do before filing, you are already doing something smart: you are planning ahead instead of reacting later.

This guide is written for people in Indianapolis and across Indiana who want a clear, practical roadmap before they file. You will see what to gather, what to avoid, and when to involve a divorce lawyer in Indianapolis or your local county so you do not accidentally hurt your own case.

Introduction

There is a moment in many marriages when one spouse realizes the relationship is probably over, but the legal process has not started yet. That “in between” space can feel confusing and lonely. You may be sharing a house, bank accounts, and children with someone you no longer trust, yet you have not filed anything with the court.

Indiana law does not require you to prepare before you file. Real life does. Once a Petition for Dissolution is filed, you are under a microscope: your spending, where you live, how you interact with your children, what you post online, even how you talk to your spouse can show up in court. A thoughtful Indiana divorce checklist helps you take control of what you can control before the case ever hits the clerk’s desk.

This pillar guide walks you through preparing for divorce in Indiana step by step. It is not about telling you to “just be amicable.” It is about giving you a structure and language so you can protect yourself, your kids, and your future.

Understanding Indiana Divorce Basics

Before you build an Indiana divorce checklist, it helps to understand the legal frame you are operating in. Indiana has some rules that apply to every case, whether you live in Broad Ripple, Carmel, Greenwood, or Noblesville.

First, residency. To file for divorce in Indiana, you or your spouse must have lived in Indiana for at least six months immediately before filing, and in the county where you file for at least three months. So if you just moved to Fishers from out of state two months ago, you may have to wait or explore filing where you moved from.

Second, grounds. Indiana is a no fault state. That means most divorces are filed on the ground that there has been an “irretrievable breakdown of the marriage,” and you do not have to prove that your spouse cheated or was abusive to get the court to grant a divorce. There are fault based grounds such as felony conviction or incurable insanity, but those are used much less often.

Third, what the court actually decides. In most divorces, the big legal issues are:

  • How to divide marital property and debts
  • Whether spousal maintenance is appropriate
  • Legal and physical custody of the children
  • A parenting time schedule
  • Child support and sometimes health insurance responsibility

A “simple” divorce can become complicated quickly if there are children, a business, real estate, retirement accounts, or if either spouse is hiding assets or has addiction or mental health problems. You do not have to be perfect to file for divorce, and your spouse does not have to agree, but you do need to know the playing field.

Deciding If You Are Ready To File

Filing for divorce in Indiana starts with a Petition for Dissolution. From a legal standpoint it can be as quick as signing and filing a few pleadings. From a life standpoint, that step can be huge.

Here are questions to ask yourself before you decide to file:

  • Do you meet the residency requirements, or are you close but not quite there yet
  • Are you physically safe in the relationship
  • Can you tolerate staying in the same house for a while if needed
  • Do you have access to basic financial information (even if you do not control it)
  • How will your children be affected in the short term

Indiana has a minimum 60 day waiting period between filing and finalizing a divorce, even if everything is agreed. Many cases take longer. That means file day is not “divorce day” it is the starting line. If you file without a plan, those months in between can be chaotic.

Sometimes it makes sense to separate informally for a bit before you file. In other cases, particularly when there is domestic violence, financial control, or threatened relocation of children, waiting can be more dangerous than filing. If you are unsure, a confidential consultation with a divorce lawyer in Indianapolis or your home county can help you think through timing, safety planning, and what you should do first.

Gathering Key Financial Information And Documents

Financial preparation is where many people either get organized or get overwhelmed. Your future self will be very grateful if you put in the work now.

In Indiana, courts divide marital property in an equitable manner, often starting from the presumption of a 50 50 split of the marital estate. That estate generally includes everything either spouse owns or owes on the date of filing, regardless of whose name is on the title, with some exceptions. To argue for a fair division, your lawyer and the court need a clear picture of the financial puzzle.​

Before you file, aim to gather and safely store copies (digital or paper) of:

  • Federal and state tax returns for at least the last three years
  • Recent pay stubs or income statements for both spouses
  • Bank statements for all checking, savings, and money market accounts
  • Credit card statements and personal lines of credit
  • Mortgage statements, home equity loans, and leases
  • Deeds to real estate and titles to vehicles
  • Retirement account statements including 401(k), 403(b), IRAs, pensions
  • Investment account statements for brokerage accounts, stock options, RSUs, or crypto platforms
  • Business ownership documents if you or your spouse owns a company
  • Health, life, and disability insurance policies

You do not have to understand every number. You just need to capture the data before it disappears. If your spouse has always handled the finances, you may quietly download statements from shared online logins, take photos of paper mail, or pull free credit reports to identify accounts you forgot about.

If you suspect your spouse is hiding money or has moved funds lately, early documentation can be critical. Indiana courts can look at whether a spouse dissipated assets for improper purposes when deciding how to divide property, but you need evidence to make that argument.

It is normal to feel uncomfortable or even sneaky gathering this information. Remember you are not doing something wrong. You are preparing to tell the truth with documents instead of having to guess from memory months later.

Preparing For Children And Parenting Issues

For parents, the most stressful part of preparing for divorce in Indiana is often not the money, but the kids. You may be wondering where they will live, what schedule the court will order, and whether a judge will believe you if you raise concerns about the other parent.

Indiana custody law focuses on the “best interests of the child.” That standard looks at many factors including the child’s age, their relationship with each parent, the child’s adjustment to home and school, and any evidence of abuse, neglect, or domestic violence. Parenting time is guided by the Indiana Parenting Time Guidelines, which set out minimum schedules and principles for communication, holidays, and more.

Before you file, it helps to:

  • Gather school records, report cards, and attendance history
  • Collect medical and mental health records that reflect any special needs
  • Make a simple log of who has been the primary caregiver and what a typical week looks like right now
  • Identify any prior court orders, paternity cases, or Department of Child Services involvements

You do not have to walk into court with a fully drafted parenting plan, but you should think through what you believe would work best for your children going forward. Things like:

  • Whether joint legal custody makes sense, or if decision making should rest with one parent
  • A realistic parenting time schedule that fits your work hours, commute, and the children’s school and activities
  • How pickups and drop offs will work, especially if conflict is high
  • Where the children will live during the school year if you and your spouse live in different school districts

Indiana courts can issue temporary custody and parenting time orders early in a case and those temporary patterns often become the “new normal.” That is why your behavior now matters. If possible, avoid unilaterally moving children, cutting off contact with the other parent, or using the kids as messengers about the divorce unless you have a safety reason and legal advice to do so.

Planning For Housing, Money, And Daily Life During The Case

Many people think “once I file, it will be over soon.” Indiana has that 60 day waiting period, but most divorces take longer because there is discovery, negotiation, and sometimes mediation or trial. You are planning for a process, not a single event.

Housing is a big piece. Will you stay in the marital home, or move out Will your spouse leave If you move out in a rush and cannot maintain the home, that can affect both property division and custody arguments later. On the other hand, staying in a toxic or dangerous environment can harm everyone.

Financially, life does not pause while you are divorcing. You still have rent or a mortgage, utilities, groceries, gas, insurance, and kids’ expenses. In many cases, one spouse has moved money, closed accounts, or changed direct deposits by the time a lawyer gets involved.

Before you file, try to:

  • Sketch a bare bones budget for what you need to live each month
  • Identify which bills are in your name, your spouse’s name, or both
  • Open a separate bank account for your own income, if appropriate
  • Think through where you will live if one of you moves out

Indiana courts can issue temporary or provisional orders for things like child support, temporary maintenance, who stays in the house, and who pays which bills, often early in the case. Those orders can stabilize things, but they are not automatic. Having a basic financial picture ready helps your lawyer ask for the right temporary orders and explain to the judge what you need.

If you own a business, have multiple rental properties, or significant retirement savings, the planning becomes even more important. You may need valuations, appraisals, or forensic accounting down the line. Starting the document gathering now can save months later.

Safety, Domestic Violence, And High Conflict Situations

Not every divorce involves yelling, stalking, or violence. Enough do that it deserves its own space on your checklist.

If your spouse has ever threatened to harm you, the children, themselves, or a pet, or has used physical violence or controlling behavior, safety planning needs to happen before you file. That may include: storing copies of important documents with a trusted person, having a small “go bag” packed in case you need to leave quickly, changing passwords, and tightening social media privacy.

Indiana law recognizes an “irretrievable breakdown of the marriage” as grounds for divorce, and one spouse cannot easily stop the other from proceeding. If you file and your spouse does not want the divorce, that can fuel conflict. Courts can issue protective orders, temporary custody and parenting time orders, and financial orders when there is abuse or serious conflict, but you may need to ask for them and present evidence.

If you are worried about how your spouse will react to being served, talk this through with an attorney before filing. In some situations, it may be safer to line up alternative housing first, work with law enforcement on service, or file for a protective order in addition to the divorce.

For high conflict couples even without physical violence, the same principle applies. Things like secretly recording conversations, blowing up social media, sending long emotional texts, or involving the children in adult disputes can show up in court and backfire.

Choosing Your Path Mediation, Collaboration, Or Litigation

When you hear “divorce,” you might picture a courtroom scene. In reality, many Indiana divorces are resolved through settlement, sometimes with the help of mediation or collaborative processes.

Here are the main paths:

  • Negotiated settlement between lawyers, often with exchanged proposals
  • Mediation, where a neutral mediator helps you and your spouse try to reach an agreement
  • Collaborative divorce, where both sides have trained collaborative attorneys and agree to work toward settlement without litigation
  • Full litigation, where the judge decides after hearings or trial

Indiana courts often encourage or require mediation before a final hearing, especially when children and complex property are involved. Mediation can save time and money, but it is not right for every situation. If there is serious power imbalance, domestic violence, or a spouse who refuses to disclose assets, mediation may be less effective or even risky without careful planning.

Before you file, think about:

  • Can my spouse and I sit in a room (or virtual room) and negotiate, or does every conversation explode
  • Do I have enough information, or can I get it, to feel comfortable settling
  • Am I comfortable with compromise, or do I feel like I need a judge to make specific findings

Your answer can evolve over time. Some people file expecting a fight and end up reaching a fair settlement in mediation once documents and legal advice are on the table. Others hope for cooperation but discover their spouse will not be transparent, and litigation becomes necessary. Knowing your options helps you and your lawyer set expectations.

Working With A Divorce Lawyer In Indianapolis And Across Indiana

You are not required to hire a lawyer to file for divorce in Indiana. But divorce is about more than filling in the blanks on a form. It is about understanding how each choice you make now can ripple out years into the future.

A divorce lawyer in Indianapolis or your local county can:

  • Explain how Indiana’s residency, grounds, and property division rules apply to your specific facts
  • Help you create a personalized Indiana divorce checklist based on your priorities
  • Advise you on whether to move out, open new accounts, or make big purchases before filing
  • Identify safety issues and help you seek temporary orders or protective orders when appropriate
  • Guide you through parenting time questions using the Indiana Parenting Time Guidelines and local practice norms
  • Represent you in provisional hearings, mediation, and trial if needed

At an initial consultation, you do not need everything perfectly organized. Bring what you reasonably can: a rough list of assets and debts, pay stubs or income information, any prior court orders, and your questions. It is okay to say “I do not know” or “I am afraid.” The right attorney will help you turn that into a game plan.

Ciyou & Associates, P.C. represents clients across Indiana in divorce, custody, and appellate matters. The firm’s online guides to divorce in Indiana, modifications, temporary orders, and relocation show the depth of experience behind the courtroom work and can be a helpful companion to this checklist as you learn.

Indiana Divorce Checklist Before You File

You have read through the moving parts. Now let us put it together into a practical checklist for preparing for divorce in Indiana.

Again, this is not about perfection. It is about going into the process with your eyes open.

Indiana divorce checklist: what to do before filing

  • Confirm you meet Indiana’s residency requirements
    • At least one spouse has lived in Indiana for the last six months, and in your filing county for the last three months, or meets the stationing equivalent.
  • Learn the basic legal framework
    • Understand that Indiana is a no fault state and that “irretrievable breakdown” is the most common ground for divorce.
    • Know that property division, custody, parenting time, and support will all be addressed in the case.​
  • Take an honest look at your safety and readiness
    • If there has been abuse or control, talk with a lawyer and consider a safety plan and possible protective orders before filing.
    • Think through whether you need to file right away, or whether waiting a short time would improve your position or meet residency rules.​
  • Gather and secure key financial documents
    • Tax returns, pay stubs, bank and investment statements, credit card and loan statements, deeds, titles, retirement accounts, and insurance policies.​
    • Documents related to any business interests.
    • Save copies in a secure place that your spouse cannot access.
  • Build a simple financial snapshot
    • List your assets and debts as best you can, including account balances and approximate values.
    • Sketch a basic monthly budget for living expenses during the divorce.
  • Prepare for child and parenting issues
    • Collect school, medical, and activity records for your children.
    • Note who has been doing most of the day to day care and what the children’s routines look like.
    • Review the Indiana Parenting Time Guidelines so you have a sense of common schedules and expectations.
    • Avoid drastic unilateral changes like moving children or cutting off the other parent without legal advice unless safety requires it.
  • Plan for living arrangements
    • Decide whether you want to stay in the marital home or move out, and what each option would look like practically.
    • Consider how school zones, commuting, and support systems line up with each housing option.
  • Think about process choices
    • Consider whether mediation, collaborative approaches, or straightforward negotiation might work in your case, and where litigation may be necessary.
  • Choose and consult with an attorney
    • Research Indiana divorce lawyers, especially in Indianapolis and your county, and schedule consultations.
    • Bring your preliminary documents and questions, including concerns about timing, safety, or hidden assets.
    • Work with your lawyer to refine this checklist into a customized plan and to prepare your Petition for Dissolution and any requests for temporary orders.

Once you have done this groundwork, filing for divorce is still significant, but it is not a leap into the dark. It is the next step in a plan you have already started to execute.

Talk With Ciyou & Associates, P.C.

If you are searching for an Indiana divorce checklist, that usually means two things are true. First, you are taking this seriously. Second, you do not want to navigate this alone.

Whether you live in downtown Indianapolis, Fishers, Carmel, Zionsville, Greenwood, Brownsburg, Westfield, Noblesville, or anywhere else in Indiana, you deserve clear answers and a strategy that fits your life. Every family, every marriage, and every divorce is different. The details matter.

Ciyou & Associates, P.C. helps clients across Indiana understand their options before they file, protect their children and financial futures, and navigate divorce litigation, mediation, and appeals. If you are preparing for divorce in Indiana or wondering what to do before filing, you can talk through your specific situation, questions, and concerns with an experienced divorce lawyer.

To schedule a consultation, call Ciyou & Associates, P.C. at (317) 210-2000.

Disclaimer

This blog is for general informational purposes only and is not legal advice. Reading this article does not create an attorney client relationship with Ciyou & Associates, P.C. Divorce law is complex and very fact specific, and different counties and judges may handle similar issues in different ways. You should consult directly with an attorney licensed in Indiana about your particular situation before taking or refraining from any action.

Frequently Asked Questions

What should I do first before filing for divorce in Indiana?

For most people, the first step is to confirm that you meet Indiana’s six month state and three month county residency requirements, then consult with an attorney to review your goals, safety concerns, and financial picture. From there you and your lawyer can build a tailored pre filing plan that may include gathering documents, planning for housing, and deciding whether to ask the court for temporary orders.

How long do I have to live in Indiana before I can file for divorce?

Indiana law requires that at least one spouse has been a resident of the state or stationed at a U.S. military installation in Indiana for at least six months immediately before filing, and a resident of the county where the petition is filed or stationed in that county for at least three months. If you recently moved, an attorney can help you explore whether it makes sense to wait or to file in another state where jurisdiction still exists.

Should I move out of the marital home before I file?

There is no one size fits all answer. Moving out can sometimes de escalate conflict and be safer in high risk situations, but it can also affect arguments about possession of the home, temporary custody, and finances. Indiana courts can issue temporary orders about who stays in the home and how bills are paid while the divorce is pending. Talking with a lawyer before moving helps you understand the tradeoffs in your specific case.

What financial documents do I need to gather before starting a divorce?

Useful documents include recent tax returns, pay stubs, bank and credit card statements, mortgage and loan statements, retirement and investment account statements, business records if applicable, and insurance policies. The goal is to capture a snapshot of your marital estate and income sources so property division, child support, and any spousal maintenance questions can be addressed accurately.

How do I protect myself if my spouse may react badly to being served?

If you are concerned about your spouse’s reaction, especially if there has been controlling behavior or violence, you may need a safety plan that could include talking with a lawyer, lining up alternate housing, involving law enforcement as needed, and possibly seeking a protective order. Courts can also issue temporary orders regarding custody, parenting time, and financial support to stabilize the situation early in the case.

When should I talk to a divorce lawyer in Indianapolis or my county?

Ideally, you talk to a divorce lawyer as soon as you are seriously considering divorce rather than waiting until after you or your spouse files. Early advice helps you avoid common mistakes like moving money in ways that look like hiding assets, leaving the home without any plan, or agreeing to informal arrangements that hurt your position later. A lawyer can also help you customize your Indiana divorce checklist and decide on the best timing and strategy for filing.

Can we work out an agreement before we file the divorce paperwork?

Some couples are able to negotiate most terms of their divorce before filing, and in Indiana, parties who reach a comprehensive agreement can present it to the court as a dissolution agreement for approval. Even in amicable cases, it is wise for each spouse to consult with their own attorney to review the proposed terms, ensure full financial disclosure, and address issues like taxes and enforceability before finalizing anything.

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