How Much Does Divorce Cost in Indiana?

How much does a divorce cost in Indiana? If you are getting a divorce in Indiana, prepare to pay thousands. Our warning doesn’t mean you will pay that much for your divorce, but many divorces cost several thousand dollars, sometimes even tens of thousands.

Ultimately, the price of your divorce depends on the specific facts of your case. But even if the facts of your case indicate a higher price tag, there are ways to work with those facts to reduce your expenses. 

Vantage Group Legal Services is a cost-effective way to receive representation from a highly experienced attorney in Indiana. We can match you with an attorney who has been in practice for at least seven years, and we can also provide you with a legal team who can support you during every turn in your case. 

What Are the Costs Involved with Divorce in Indiana?

The average cost of a divorce in Indiana can be thousands, but each case is unique. The best way to anticipate the cost of your divorce is to review your case’s specific facts and speak to a knowledgeable attorney about the possibilities.

The cost of a divorce in Indiana can vary significantly depending on several factors, including:

• The complexity of your case, 
• Whether you have children, and 
• The level of involvement of attorneys. 

The following is a breakdown of some primary costs you may encounter.

How Much Does it Cost to File for Divorce in Indiana?

Typically, you must pay filing fees to the court when you initiate divorce proceedings. These fees are unavoidable, except in certain circumstances.

Currently, the average fee for a divorce in Indiana is around $200. In many counties, filing a divorce petition costs about $177. You also have to have your spouse served with your divorce papers. To have the sheriff serve your divorce documents on your spouse often costs an additional $28.

Individuals who can prove they have limited means can receive a filing fee waiver from the court. On a fee waiver motion, you must give the court a comprehensive explanation of your finances. Your explanation might need to include a list of the following:

• The wages of the individuals in your household;
• Your housing, food, and utilities costs;
• The amount of money you receive from public assistance;
• The amount of money you pay for transportation;
• Any child support you are receiving from a child’s parent;
• The amount of your medical expenses;
• Any Social Security benefits you receive;
• Any unemployment compensation you receive;
• Your child care expenses;
• Your insurance costs; and
• Any amounts you pay for child support.

Your motion is a sworn statement under a penalty of perjury if you provide false information. 

Your divorce case is open after you file your divorce petition and serve the paperwork to your spouse. With an open case, divorce costs can vary according to your circumstances.  

Divorce Attorney Retainer Costs

Attorneys charge their clients in many types of ways. You might encounter an attorney who asks for a retainer for their representation. In many cases, a retainer can be several thousand dollars.

A retainer is an upfront payment to the attorney to book them. Once the attorney begins work on your case, they pull their payment from your retainer until the cost of their work exceeds the retainer amount. 

If the cost of your work exceeds the retainer you paid, your attorney charges you additional money according to their fee structure. After you use up your retainer, an attorney may charge you in one of the following ways:

• By asking for a flat fee for each service they provide, or 
• By the hour. 

Below, we go over how hourly or flat fees can affect the total cost of your divorce.

Average Attorney Fees

Attorney fees are often the most significant expense in a divorce cost in Indiana or any state. The cost of legal representation can vary widely depending on: 

• The attorney’s level of experience, 
• The attorney’s reputation, 
• The number of other professional obligations the attorney has,
• Any limitations your case involves, and
• The complexity of your case. 

You can expect to pay several hundred dollars per hour for an attorney’s counsel. This can mean thousands of dollars in fees when your divorce case is over. However, You can reduce these costs significantly by hiring an attorney for only a portion of your case or negotiating prices with your attorney before hiring them. For example, you may hire an attorney just to negotiate the terms of an agreement to divide your property. 

Flat Fees

An attorney may charge you a flat fee of several thousand dollars to handle your divorce. Typically, this fee would stay the same regardless of how many hours the attorney puts into completing the task. An attorney might also charge different flat fees for each stage of the divorce (e.g., negotiations, agreement drafting, pre-hearings, and trial).

How Much Does It Cost to Get a Divorce If Both Parties Agree?

Some spouses may not have been able to agree during their marriage but can agree on the terms of their divorce. If you and your spouse can agree on all matters covered in a divorce decree, your divorce is uncontested, and you may be able to participate in a summary dissolution. 

An uncontested divorce is typically less expensive because it takes less time and less court involvement. You can complete a summary dissolution case within about 60 days. In many cases, an uncontested divorce costs around $4,000, but the price of your uncontested divorce will still depend on your specific circumstances.

Mediation

Even if you have a contested divorce, you can reduce your time in court and the money you spend by entering a partial agreement with your spouse. Alternative dispute resolution or mediation services can help you and your spouse agree with at least some of your issues.

How Much Does It Cost to File for Separation in Indiana?

The filing fees are typically the same if you seek to legally separate from your spouse instead of obtaining a full divorce. In Vanderburgh County and Montgomery County, a petition for legal separation is about $177. And once again, you might have to pay an additional $28 to have your spouse served with the paperwork. Whether you file for separation or divorce, you should check with the county where you file to see their fees.

More Factors That Affect the Cost of Divorce in Indiana

We stated above that the unique facts of your case can significantly affect your Indiana divorce cost. In addition to whether you hire counsel or opt for an uncontested divorce, the factors below can increase or decrease your divorce expenses.

If Your Divorce Involves Children

When you and your spouse share a minor child or a child with special needs, your divorce case will likely cost more than a divorce between spouses without children. This is because the family court judge must take more time to decide about child support, custody, and visitation. You may also need to spend money to enlist the help of expert witnesses (e.g., physicians or child development professionals). An expert witness can help you prove that the court should grant the custody arrangement you seek.

If Your Property Issues Are Complex

In general, Indiana courts divide the marital property of divorcing spouses equally. But you can provide evidence to the court to show that an equal division would not be just and reasonable because of any of the following factors:

• Your or your spouse’s economic circumstances;
• Whether either spouse took actions during the marriage to dispose of or dissipate the marital property;
• The contributions you or your spouse made to acquire the marital property;
• The extent of the property you or your spouse acquired before you got married or through a gift or inheritance; or
• Your or your spouse’s earning capacity.

To prove any of the above, you should seek the help of a financial expert or a vocational professional. Of course, hiring a professional to prove your right to a more favorable property division may cost you a significant amount of money.

What Are the Grounds for Divorce in Indiana?

To get a divorce in Indiana, a spouse must prove one of the following grounds applies:

• Their marriage has irretrievably broken down (this is the no-fault option),
• Their spouse was convicted of a felony after getting married,
• Their spouse has been incurably insane for at least two years, or 
• Their spouse was impotent at the time of the marriage.

If you choose to divorce under one of the fault-based grounds we listed above, you might have to fight for longer in court and present more evidence to back your position.

What Issues Must a Court Decide on in a Divorce?

Whether you and your spouse come to an agreement on your own or depend on a judge to decide the terms of your divorce, your divorce decree must cover the following matters (if applicable):

• Property and debt division,
• Spousal maintenance (or alimony),
• Child custody, and 
• Child support.

Discussing these matters with an attorney and your spouse before you go to the courthouse could help you save court time and reduce your expenses. 

We Can Help You Get Divorced for Less

In a divorce, pressure can come at you from every angle. At Vantage Group Legal Services, we strive to reduce the stress associated with your case, including financial stress. We match individuals in Indiana with experienced divorce attorneys for an affordable monthly subscription fee. If you need a good advocate who doesn’t break the bank in your time of need, contact us online or call us.