If you live in Indiana, you may assume that you can simply file for divorce in your local county court. But, this is not necessarily the case. In order to file for divorce in Indiana, you (or your spouse) must meet two separate residency requirements.
Under Section 31-15-2-6(a) of the Indiana Code, the first residency requirement for divorce has to do with in-state residency. You can only file for divorce in Indiana if either you or your spouse has:
Section 31-15-2-6(b) of the Indiana Code also requires proof of county residency. You may only file for divorce in a county in which either you or your spouse has been a resident or stationed at a U.S. military installation for at least the last three months.
Let’s look at some examples:
What if you and your spouse moved to Indiana or within the last six months or moved across county lines within the last three months? If neither you nor your spouse satisfies the residence requirements for divorce in Indiana, your options will depend upon your unique individual circumstances. For example, it may be the case that you are still eligible to file for divorce in the state from which you moved. But, it could also be that your best option is to wait until you or your spouse meets the requirements for residency.
If you have questions about filing for divorce in Indiana and would like to speak with an attorney, you can contact Hains Law, LLC in Carmel for a free initial consultation. To schedule an appointment at your convenience, we invite you to give us a call at (317) 688-1305 or request an appointment online today.