Indiana Divorce Records

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Divorce Records

Divorce records from 1852 to the present are maintained by the clerks of the court at the county level. Previous to the second state constitution in 1852, a divorce could only be granted as an act of the state legislature.

Print Publications

• Divorces Granted by the Indiana General Assembly Prior to 1852 by M.E.E. Newland. 1981. At various libraries (WorldCat)

Background

Divorces were first authorized by legislation in the Northwest Territory in 1795. They were granted through the General Court or Circuit Court. Generally this legislation remained in effect through Indiana’s territorial period (1800–1816), and courts having civil jurisdiction also heard divorce cases. In 1807 the territorial General Assembly also had power to grant divorces; in 1811 they passed two acts granting divorces. From 1817 to 1852 the Circuit Court in each county had jurisdiction over divorces, and the Indiana General Assembly could also grant divorces, through special legislation. These early divorces have been abstracted:

• Divorces Granted by the Indiana General Assembly Prior to 1852 by M.E.E. Newland. 1981. At various libraries (WorldCat)

The Court of Common Pleas in each county could grant divorces concurrently with its Circuit Court from 1853 to 1873. As Superior courts were established in various counties, they have had concurrent jurisdiction with the Circuit Court. Divorces were entered in the appropriate court’s Order Book, and these books are being microfilmed through 1920 by the FamilySearch Library. Original pleadings remain as they survive in each county. They may show the date of marriage, children, residencies, and other helpful information.

Contact the Clerk of the Circuit Court for more information, providing names and approximate date of divorce.

The FamilySearch Library has some divorce records for Indiana. These can be viewed at the microfilm at the FamilySearch Library or some FamilySearch centers Using the Place Search of the FamilySearch Catalog, type in the county, then click on the topic: Divorce Records.

How to locate a microfilm number in the FamilySearch Catalog.
How to locate a FamilySearch Center.

Information Recorded in the Records

Divorce records may include:

• Petitions, which started the process, include at least names of parties and the grievance. May include date and place of marriage.
• Certificates or registers contain date marriage was dissolved and names of parties.
• Case files contain the papers created and include marriage and divorce details, residences, and name changes. May include children's names, ages, birth dates.
• See United States Divorce records for more information.

Strategy

• Divorces can be difficult to locate. The divorce may have occurred in another county. Try all the residences of both the husband and wife.
• Newspapers often printed information about separations and divorces in the area to help you determine if a divorce exists.
• Many couples simply separated, leaving no divorce record.
• See United States Divorce Records for more information.