Residency requirements for filing for divorce in Indiana

Before filing for divorce in Indiana, it’s important to consider Indiana’s residency requirements. In Indiana, at least one spouse must have been a resident of Indiana or stationed at a United States military installation within Indiana for at lease six months prior to filing the petition for divorce. Additionally, at least one spouse must have been a resident of the county or stationed at a United States military installation within the county for at least three months prior to filing the action.

It is likely that one spouse will meet both requirements. Additionally, in the event a spouse is incapacitated, and the court has authorized a guardian to file a petition for divorce on behalf of the incapacitated spouse, the guardian may file the petition in the guardian’s county of residence so long as they have resided in that county for at least three months prior to the action. Indiana has the same residency requirements for petitions for legal separation.

Simply visiting Indiana for an extended period will not bring a party within the residency requirements. In Indiana, the term residence is synonymous with domicile. A person’s domicile is considered to be the place where they have their true, permanent home, or the place they will return to after visiting other locations. Everyone is presumed to always have a domicile. A person’s prior domicile is only terminated upon the establishment of a new domicile. To establish a new domicile, the person must intend to acquire a new one; therefore, spending an extended, but temporary, period in Indiana for work, college, or vacation, will likely not meet Indiana’s residency requirements.

For example, the Indiana Court of Appeals declined to find that a spouse established a new domicile while living in Indiana during the couple’s separation in the 1994 case Blair v. Blair. While the spouse had been living in Crown Point Indiana and had her real estate license transferred to Indiana, the Court nevertheless found that she had not intended to terminate her residency in Illinois. In its reasoning, the Court found that the spouse had maintained an Illinois driver’s license, her car was registered in Illinois, she filed Illinois tax returns, and she voted in a recent election in Illinois.

If you have questions about the requirement for filing for divorce in Indiana, reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.