Indiana law requires those seeking a divorce to meet specific residency requirements before filing. Understanding the Indiana divorce residency requirement is essential because it determines whether an Indiana court has the authority, called jurisdiction, to hear and decide your case.
This blog will explain the state and county residency rules, discuss where to file your divorce, and help you understand your filing eligibility based on where you and your spouse currently live.
What Is the Indiana Divorce Residency Requirement?
Before an Indiana court can grant a divorce, the person filing must show that they meet the state and county residency qualifications. According to Indiana Code § 31-15-2-6, either spouse must have lived in the state for at least six months and in the filing county for at least three months immediately before filing.
These requirements establish both jurisdiction (the court’s authority) and the correct venue (the proper divorce filing location).
Why Residency Matters in Divorce Jurisdiction
Residency determines where and whether your case can be filed. If the residency requirement is not met, the Indiana court lacks jurisdiction, and the divorce petition may be dismissed or delayed. Meeting these residency thresholds ensures that your case proceeds smoothly and that the resulting decree is legally valid and enforceable.
State-Level Residency Requirements
To file for divorce in Indiana:
- At least one spouse must have been a resident of Indiana (or stationed here as a member of the armed forces) for six continuous months before filing.
- Temporary absences for work or travel typically do not interrupt continuous residency if the filer maintains an Indiana domicile (permanent home).
Failure to meet this requirement means you must wait until the six-month mark before filing.
County-Level Residency Rules
In addition to state residency, either spouse must have lived in the county where the divorce is filed for at least three months before petitioning. This ensures that each county court only handles cases properly connected to its jurisdiction.
For example, if one spouse lives in Marion County and the other recently moved to Hamilton County, the proper filing location depends on which spouse meets the county’s three-month residency rule.
Determining the Correct Divorce Filing Location
When both spouses live in Indiana but in different counties, either may file in their respective county of residence if both satisfy the three-month rule. Choosing the correct location can affect convenience, available resources, and the pace of court proceedings. Consulting an experienced family law attorney helps ensure you file correctly and avoid jurisdictional disputes.
What Happens if You Don’t Meet Residency Requirements
If residency requirements are not met, the court will not have jurisdiction to process your divorce. The case can be dismissed, forcing you to refile later. However, you may still begin preparing necessary documentation and consulting counsel so that your case is ready to proceed once you become eligible.
Residency and Military Divorce in Indiana
Indiana extends residency recognition to active-duty military members stationed in the state. If either spouse is assigned to a military base in Indiana for six months or longer, that individual is considered a state resident for purposes of divorce jurisdiction. This provision ensures that service members and their spouses can access Indiana courts without unnecessary delay.
Special Considerations for Out-of-State Moves
When one spouse has moved out of Indiana, you may still file for divorce in Indiana as long as the filer meets the six-month (state) and three-month (county) requirements. Conversely, if both spouses moved away, the Indiana courts typically lose jurisdiction, and the case should be filed in the new state of residence.
Establishing Domicile: Proof and Common Mistakes
Courts may verify residency by examining objective proof such as:
- Driver’s license or voter registration address
- Lease or mortgage documents
- Utility bills or tax records
A common mistake is confusing temporary presence with domicile. Even if you travel frequently, your domicile must remain Indiana, meaning you consider it your permanent home.
Filing Eligibility Scenarios and Examples
Example 1:
A couple lived in Indianapolis for several years; the wife recently moved to Fishers two months ago. She cannot yet file in Hamilton County because she has not met the three-month county residency requirement, but she may still file in Marion County, where her spouse resides.
Example 2:
A husband in the military stationed at Fort Benjamin Harrison has lived in Indiana for over six months. Even if originally from another state, he may file for divorce in Indiana because his posting satisfies the state residency requirement.
How to Proceed Once You Meet the Indiana Residency Requirement
Once eligibility is confirmed:
- Determine the correct county for filing.
- Complete and file the Petition for Dissolution of Marriage.
- Provide notice to your spouse (service of process).
- Prepare financial disclosures and any parenting plans if children are involved.
Engaging counsel early can help prevent procedural errors and ensure your case proceeds efficiently.
Conclusion
Understanding Indiana’s residency and jurisdiction divorce laws is a vital first step in any family law case. Meeting these requirements not only ensures your case can proceed but also protects your rights under Indiana law. Because filing specifics vary, consulting with an experienced Indianapolis divorce lawyer at Ciyou & Associates, P.C. can help ensure you meet all qualifications before proceeding.
Frequently Asked Questions
- 1. How long must I live in Indiana before filing for divorce?
At least one spouse must live in the state for six months before filing. - Can I file in any Indiana county?
No. You must file in a county where either spouse has lived for three months. - What if my spouse lives in another state?
You can still file in Indiana if you meet the state and county residency requirements. - Can military members stationed in Indiana file for divorce here?
Yes. Being stationed in Indiana for six months qualifies as residency under Indiana law. - What if I file before meeting the residency deadline?
The court likely will dismiss your petition without prejudice, meaning you can refile once eligible.
