Divorce cases are filed at the Clerk’s Office in the Courthouse. They may be filed in either Superior or Circuit Court. There is a filing fee, which may be waived by the Judge if indigence is proven. The person filing for the divorce is called the Petitioner and the other party is called the Respondent. Service of all documents must be made upon the Respondent, either in person at the clerk’s office, by certified mail, or by Sheriff.
You do not have to be represented by an attorney, although many people find this to be the best, particularly if children are involved. If you file for divorce without an attorney, you may download divorce forms from the Indiana Government Website.
A hearing may be required for the completion of a divorce, depending upon whether or not the parties agree upon distribution of property and debts, custody and child support. It will take at least sixty (60) days from the filing date must elapse before a divorce can be granted. If both parties agree on all issues, they may both file their written agreement and a waiver of final hearing with the Court, and a decree of dissolution can be entered without a hearing, otherwise the Court will conduct a hearing upon the request of either party. Index of Dissolution Laws.