Indiana Divorce Records: Official Certificates, Decrees, and Search Options
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A divorce occurs when one or both spouses in a marriage apply to the court to end their union. Divorces should not be confused with annulments, which are legal processes that declare a marriage as invalid. States in the US often handle divorces differently due to their unique laws. Divorce records are documents created in relation to the lawful dissolution of a valid marriage. In Indiana, these records are useful for personal documentation, marriage verification, and various legal and official purposes.
The National Center for Health Statistics (NCHS), a section of the CDC, publishes public statistical data on marriages and divorces submitted by various states in the nation since 1990. For Indiana, the marriage rate in 2023 was 5.9 per 1,000 persons. However, Indiana does not report divorce data to the NCHS or any government-run statistical department.
Official Types of Divorce Documentation in Indiana
Indiana has two primary types of divorce documentation: divorce decrees and divorce case records, each containing distinct details and serving different purposes. The divorce decree, also known as the decree of dissolution of marriage, serves as both the divorce certificate, as Indiana does not issue a separate certificate. The divorce decree is the official and only legally recognized proof of divorce in Indiana. Both documents are maintained by the judiciary, specifically the Clerk of Court where the case was filed.
A summary of Indiana's divorce documentation is provided in the table below.
| Document Type | Issued By | Purpose | Contains |
|---|---|---|---|
| Divorce Decree | Circuit or Superior Court through the Clerk of Court Office | Legal proof of a marriage's termination | Names of both spouses, date of issuance, and county where the divorce was finalized |
| Divorce Case Record | Circuit or Superior Court through the Clerk of Court Office | Comprehensive record of the divorce proceedings | All case filings, including motions, petitions, agreements, orders, and the final decree |
Public Access and Confidentiality of Indiana Divorce Records
Indiana divorce records, being court records, are subject to Indiana's Rules on Access to Court Records. Under Rule 4 (the General Access Rule), all court records are accessible to the public except for records covered under Rule 5. Accordingly, the entirety of a record or only parts of it may be exempt from public disclosure, depending on the law, rule, or court order restricting access. Financial affidavits, mental health records, substance abuse reports, juvenile information, and parenting evaluations are common examples of information typically restricted when filed in a divorce proceeding. Restricted divorce records are usually accessible only to the parties involved and their legal representatives.
The Indiana Department of Health Division of Vital Records maintains vital records and statistics for the state; however, these do not include divorce records. All divorce records and decrees are kept and issued by the judiciary.
What Information Do Indiana Divorce Records Include?
Indiana divorce records typically contain several pieces of information, with the specific contents slightly differing due to the uniqueness of the case or jurisdiction where the case was handled. The contents also depend on the record type, whether the record being viewed is a divorce decree or the complete case record. Individuals perusing the full case record will have access to more information than when viewing the decree alone.
Information commonly found in Indiana divorce records includes
- Full names of both spouses
- Names of attorneys (if any) representing the parties
- Divorce case details
- The court and county where the divorce was granted
- The date of the divorce
- The grounds for the divorce
- Settlement details
- Information concerning the division of assets
- Restored maiden name (if applicable)
Procedures for Locating Divorce Records in Indiana
Divorce records in Indiana are primarily obtained through the Clerk of Court in the county where the divorce was finalized. Obtaining these records typically costs a fee, depending on the record type and its volume. Additionally, individuals can access divorce records online through the Indiana Courts Case Search (MyCase) Portal.
The Indiana Archives and Records Administration preserves older divorce and court records that have been transferred from county courts and provides a searchable database for the records. The State Library also offers an online database of digitized indexes that individuals may use to reference archived records.
The table below contains more information on locating divorce records in Indiana.
| Record Source | Office or Platform | Years Covered | Access Type | Fees |
|---|---|---|---|---|
| County Courts | Clerk of Court | All years for active cases (non-archived) | Certified decrees of dissolution of marriage and complete case records | $1 per page; $3 certification fee |
| Judiciary Portal | 1970s and onwards | Case record search | Free | |
| Indiana State Archives | Indiana Archives and Records Administration | Older records from the 1800s and onwards | Historical and archived case records | Varies |
| State Library | 1900s and onward | Digitized and microfilmed indexes for genealogy and research | Free |
How to Request Certified Copies of Divorce Records in Indiana
Certified copies of divorce records in Indiana are legal documents that authenticate the dissolution of a marriage. These copies bear an official seal and are legally valid for all official purposes requiring proof of divorce. Certified copies of a divorce record can be obtained from the Clerk of Court, also known as the County Clerk, in the county where the divorce occurred. The Indiana Department of Health does not issue certified divorce certificates; it only maintains a statistical index of divorces.
The following step-by-step process can guide individuals on how to request certified copies of a divorce record from Indiana courts.
Step 1. Identify the Court Where the Divorce Was Finalized
This is the initial step for obtaining a copy of a divorce record. Divorce cases are typically heard in the Circuit Court or the Superior Court in the county where either spouse lived at the time of filing. Once the divorce is finalized, the Clerk of Court files and manages the associated records. Individuals who are unsure of the court that handled the case may use the Indiana Courts Case Search System to locate the case by name. The specific court that handled the case will be noted in the record.
Step 2. Contact the Clerk of Court's Office
The next step is to reach out to the Clerk of Court's Office that manages the case file. Requests are often handled in person during business hours. However, inquirers may phone the office before visiting to confirm request procedures and any identification requirements.
Step 3. Supply Information to Facilitate the Search
At the Clerk of Court's Office, requesters will be asked to provide some details about the divorce, such as the divorced parties' names, the date of the divorce, or the case number. Providing accurate details can help the search process go smoothly and avoid complications, especially for locating older cases.
Step 4. Pay the Required Fee
In Indiana, reproducing court records incurs some costs chargeable to the requester. The statewide rate for photocopies of a court record is $1 per page, while certifying a record costs $3. Individuals generally have several payment options available to them at the Clerk of Court's Office.
The table below provides a summary of the request process for divorce records.
| Copy Type | Where to Request | Who Can Order | Legal Use |
|---|---|---|---|
| Certified Decree of Dissolution of Marriage | Clerk of Court in the county where the divorce was issued | Anyone | Immigration, insurance updates, remarriage |
| Archived Copy | Indiana State Archives or Indiana State Library | Anyone | Research purposes |
Why Search for Divorce Records in Indiana?
Divorce records serve important purposes for both the involved parties and third parties. They are generally needed when verifying the status of a marriage, immigration, name changes, or when applying for certain benefits. They also furnish researchers with details about the terms of the divorce, such as spousal support, child support, and property and debt division.
Additionally, some parties may obtain divorce records for research purposes. For example, a researcher might analyze these records to study the most common grounds for divorce in Indiana or to compare divorce to marriage rates over time.
How Long Are Divorce Records Kept in Indiana?
Ind. Admin. Rule 7 governs the preservation and disposition of court records in Indiana. Under the rule, divorce records are generally maintained permanently by the courts or transferred to the Indiana Archives and Records Administration after long-term preservation.
The table below highlights how each divorce record type is handled depending on the date range.
| Record Type | Date Range | Retention Requirement |
|---|---|---|
| Entry Docket, Issue Docket & Fee Book | c. 1973 - present |
|
| Order Book, Domestic Relations | c. 1973 - present |
|
| Divorce Case Files | Before August 31, 1973 |
|
| Divorce Case Files | September 1, 1973 - present |
|
| Judgment and Execution Docket | c. 1973 - present |
|
| Dismissed Divorce/Dissolution Case Files | 1881 - present |
|