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Indiana Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in Indiana, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Indiana residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

At the time of the filing of a petition, at least one (1) of the parties must have been: (1) a resident of Indiana; or (2) stationed at a United States military installation within Indiana; for six (6) months immediately preceding the filing of the petition. At the time of the filing of a petition, at least one (1) of the parties must have been: (1) a resident of the county; or (2) stationed at a United States military installation within the county; where the petition is filed for three (3) months immediately preceding the filing of the petition.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Indiana Code - Title 31 - Article 15 - Chapters: 2-6)

Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Indiana. It is most common that people file for a dissolution of marriage in the county in which they live. You can also read more about the Indiana residency requirements in the Indiana state statutes located at: http://www.state.in.us/. If you are unsure of whether or not you meet the Indiana residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.