Filing for divorce is never easy. Yet, when spouses live in different states, the legal process that they must go through to go their separate ways can be particularly complicated. If you live in Indiana but your spouse resides in another state, you may still be able to file for divorce in Indiana, but certain legal requirements must be met. Understanding jurisdiction, residency rules and how interstate divorces work can help you navigate the process as efficiently and effectively as possible.
To file for divorce in Indiana, the filing spouse must meet the state’s residency requirements. Indiana law requires that at least one spouse has lived in the state for at least six months before filing. Additionally, the petitioner (the spouse filing for divorce) must have lived in the county where they are filing for at least three months.
Since Indiana allows one spouse’s residency to be the basis for jurisdiction, you do not need your spouse to live in the state to proceed with a divorce. As long as you meet Indiana’s residency requirements, you can file in your local court.
Notifying your spouse
When filing for divorce, the respondent (non-filing spouse) must be properly notified of the legal proceedings. This is known as service of process, and it ensures that your spouse has an opportunity to respond to the divorce petition.
If your spouse lives in another state, Indiana law allows you to serve them through:
- Certified mail with return receipt
- Personal service through a process server in their state
- Publication (in rare cases where the spouse cannot be located)
It is important to follow proper legal procedures for serving your spouse, as failure to do so may delay the divorce process.
If you and your spouse have children, the court will need to determine which state has jurisdiction over child custody matters. Typically, the state where the child has lived for the past six months will have jurisdiction. If your child resides with you in Indiana, the Indiana court will generally make custody determinations.
Once all matters are resolved—whether through agreement or court proceedings—an Indiana court can finalize the divorce. If your spouse does not respond after being properly served, the court may grant a default judgment, allowing the divorce to proceed without their input.
Because divorces involving out-of-state spouses can be complex, consulting with a skilled legal team as proactively as possible is likely going to be wise.