CHAPTER 2. ACTIONS FOR DISSOLUTION OF MARRIAGE
IC 31-15-2
Chapter 2. Actions for Dissolution of Marriage
IC 31-15-2-1
Applicability of Indiana Rules of Civil Procedure
Sec. 1. Proceedings under this article must comply with theIndiana Rules of Civil Procedure.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-2
Cause of action established
Sec. 2. A cause of action for dissolution of marriage isestablished.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-3
Grounds for decree
Sec. 3. Dissolution of marriage shall be decreed upon a finding bya court of one (1) of the following grounds and no other ground:
(1) Irretrievable breakdown of the marriage.
(2) The conviction of either of the parties, subsequent to themarriage, of a felony.
(3) Impotence, existing at the time of the marriage.
(4) Incurable insanity of either party for a period of at least two(2) years.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-4
Caption
Sec. 4. A proceeding for dissolution of marriage is commenced bythe filing of a petition entitled, "In Re the marriage of _________and __________."
As added by P.L.1-1997, SEC.7.
IC 31-15-2-5
Verified petition; averments
Sec. 5. A petition for dissolution of marriage must:
(1) be verified; and
(2) set forth the following:
(A) The residence of each party and the length of residencein the state and county.
(B) The date of the marriage.
(C) The date on which the parties separated.
(D) The name, age, and address of:
(i) any living child less than twenty-one (21) years of age;and
(ii) any incapacitated child;
of the marriage and whether the wife is pregnant.
(E) The grounds for dissolution of the marriage.
(F) The relief sought.As added by P.L.1-1997, SEC.7.
IC 31-15-2-6
Residence
Sec. 6. (a) At the time of the filing of a petition under section 4 ofthis chapter, at least one (1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation withinIndiana;
for six (6) months immediately preceding the filing of the petition.
(b) At the time of the filing of a petition under section 4 of thischapter, 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 thecounty;
where the petition is filed for three (3) months immediatelypreceding the filing of the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-7
Venue; legal separation proceeding pending or order in effect;disposition
Sec. 7. (a) A petition or counter petition for dissolution ofmarriage must be filed in the court in which:
(1) a legal separation proceeding is pending; or
(2) a provisional order or decree for legal separation is in effect;
if the petition for legal separation was filed before the petition orcounter petition for dissolution of marriage.
(b) If a petition or counter petition for dissolution of marriageunder section 4 of this chapter is filed while a provisional order ordecree for legal separation is in effect, the procedure for dissolutionof marriage continues. The provisional order or decree for legalseparation remains in effect only:
(1) until the effective date of the provisional order on thepetition or counter petition for dissolution; or
(2) until the provisional order or decree for legal separationexpires;
whichever occurs first.
(c) The court shall dismiss a petition for legal separation if, at thetime the petition for dissolution is filed, neither:
(1) a provisional order; nor
(2) a decree for legal separation;
has been granted.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-8
Service of petition and summons
Sec. 8. Whenever a petition is filed, a copy of the petition,including a copy of a summons, shall be served upon the other partyto the marriage in the same manner as service of summons in civil
actions generally.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-9
Responsive pleading or counter petition
Sec. 9. A responsive pleading or a counter petition may be filedunder this chapter.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-10
Final hearing
Sec. 10. Except as provided in sections 13 and 14 of this chapter,in an action for a dissolution of marriage under section 2 of thischapter, a final hearing shall be conducted not earlier than sixty (60)days after the filing of the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-11
Final hearing; action for legal separation pending when action fordissolution of marriage filed
Sec. 11. If a petition has been filed in an action for legalseparation under IC 31-15-3-2 (or IC 31-1-11.5-3(c) before itsrepeal), a final hearing on a petition or counter petition subsequentlyfiled in an action for dissolution of marriage under section 2 of thischapter (or IC 31-1-11.5-3(a) before its repeal) may be held at anytime after sixty (60) days after the petition in an action for legalseparation under IC 31-15-3-2 has been filed.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-12
Motion to dismiss by party who filed action; counter petition;hearing
Sec. 12. (a) This section applies if a party who filed an action fordissolution of marriage under section 2 of this chapter (orIC 31-1-11.5-3(a) before its repeal) files a motion to dismiss theaction.
(b) A party that files an action shall serve each other party to theaction with a copy of the motion.
(c) A party to the action may file a counter petition under section2 of this chapter not later than five (5) days after the filing of themotion to dismiss. If a party files a counter petition under thissubsection, the court shall set the petition and counter petition forfinal hearing not earlier than sixty (60) days after the initial petitionwas filed.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-13
Summary dissolution decree
Sec. 13. At least sixty (60) days after a petition is filed in anaction for dissolution of marriage under section 2 of this chapter, the
court may enter a summary dissolution decree without holding a finalhearing under this chapter if there have been filed with the courtverified pleadings, signed by both parties, containing:
(1) a written waiver of final hearing; and
(2) either:
(A) a statement that there are no contested issues in theaction; or
(B) a written agreement made in accordance with section 17of this chapter that settles any contested issues between theparties.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-14
Bifurcation of issues; summary disposition orders
Sec. 14. (a) The court may bifurcate the issues in an action fordissolution of marriage filed under section 2 of this chapter (orIC 31-1-11.5-3(a) before its repeal) to provide for a summarydisposition of uncontested issues and a final hearing of contestedissues. The court may enter a summary disposition order under thissection upon the filing with the court of verified pleadings, signed byboth parties, containing:
(1) a written waiver of a final hearing in the matter of:
(A) uncontested issues specified in the waiver; or
(B) contested issues specified in the waiver upon which theparties have reached an agreement;
(2) a written agreement made in accordance with section 17 ofthis chapter pertaining to contested issues settled by the parties;and
(3) a statement:
(A) specifying contested issues remaining between theparties; and
(B) requesting the court to order a final hearing as tocontested issues to be held under this chapter.
(b) The court shall include in a summary disposition order enteredunder this section a date for a final hearing of contested issues.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-15
Final hearing; evidence; dissolution decree; continuance; motionfor dissolution
Sec. 15. (a) At the final hearing on a petition for dissolution ofmarriage the court shall consider evidence, including agreements andverified pleadings filed with the court. If the court finds that thematerial allegations of the petition are true, the court:
(1) shall enter a dissolution decree as provided in section 16 ofthis chapter; or
(2) if the court finds that there is a reasonable possibility ofreconciliation, may continue the matter and order the parties toseek reconciliation through any available counseling.
(b) At any time forty-five (45) days after the date of a
continuance:
(1) either party may move for the dissolution of the marriage;and
(2) the court may enter a dissolution decree as provided insection 16 of this chapter.
(c) If no motion for the dissolution is filed, the matter shall be,automatically and without further action by the court, dismissed afterthe expiration of ninety (90) days from the date of continuance.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-16
Dissolution decree; scope; finality; remarriage pending appeal
Sec. 16. (a) The court shall enter a dissolution decree:
(1) when the court has made the findings required by section 15of this chapter; or
(2) upon the filing of pleadings under section 13 of this chapter.
The decree may include orders as provided for in this article.
(b) A dissolution decree is final when entered, subject to the rightof appeal.
(c) An appeal from the provisions of a dissolution decree that doesnot challenge the findings as to the dissolution of the marriage doesnot delay the finality of the provision of the decree that dissolves themarriage, so that the parties may remarry pending appeal.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-17
Agreements
Sec. 17. (a) To promote the amicable settlements of disputes thathave arisen or may arise between the parties to a marriage attendantupon the dissolution of their marriage, the parties may agree inwriting to provisions for:
(1) the maintenance of either of the parties;
(2) the disposition of any property owned by either or both ofthe parties; and
(3) the custody and support of the children of the parties.
(b) In an action for dissolution of marriage:
(1) the terms of the agreement, if approved by the court, shallbe incorporated and merged into the decree and the parties shallbe ordered to perform the terms; or
(2) the court may make provisions for:
(A) the disposition of property;
(B) child support;
(C) maintenance; and
(D) custody;
as provided in this title.
(c) The disposition of property settled by an agreement describedin subsection (a) and incorporated and merged into the decree is notsubject to subsequent modification by the court, except as theagreement prescribes or the parties subsequently consent.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-18
Name change of woman
Sec. 18. A woman who desires the restoration of her maiden orprevious married name must set out the name she desires to berestored to her in her petition for dissolution as part of the reliefsought. The court shall grant the name change upon entering thedecree of dissolution.
As added by P.L.1-1997, SEC.7.