31 Aug Where Can I File for Divorce in Indiana?

Indianapolis Divorce Attorney Blog: Can I File for Divorce Wherever I Want to in Indiana?

You’ve been struggling with a really tough decision, one that you know will change the trajectory of where your future heads. You’ve finally decided your marriage either can’t be saved or you or your spouse don’t want it to be saved and the topic of the big “D” …divorce that is, is on your mind. You wonder what the process is or where to even start. You reside in Indiana, so you start there. And you ask, where can I file for divorce in Indiana?

Under Indiana Code 31-15-2-6, in order to even contemplate a divorce, you must first determine whether you meet the residency requirements. Either you or your spouse must have either resided in Indiana or were stationed at a US military installation that is within the borders of Indiana for 6 months immediately prior to the filing of the divorce petition. In addition, you or your spouse must have been a resident for at least 3 months of the county where you are filing the divorce petition. The spouse who “intends” to file is called the “petitioner” and the other spouse is then called the “respondent.”

So what happens when, for example, maybe you were married to your spouse for the last 2 years in Indiana but you no longer reside together and you live in Marion County with your sister and have been doing so for the last 2 months and your spouse resides in another county and has been doing so for the last 4 months? According to Indiana and its residency requirements, while you may have established Indiana as your resident state, you haven’t met the county requirement. However, your spouse has in the county he resides and either you wait until you meet the requirement, or your spouse could or should proceed in his/her county, depending upon the urgency at which the filing needs to occur.

Remember, the key is meeting the statutory requirements and filing in the appropriate court in order to make sure there are no unneccesary delays. If you are ready to discuss your options with an experienced Indianapolis divorce attorney, call Chambers Law Office today to schedule a consultation!