Introduced Version
HOUSE BILL No. 1684
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-15-2.
Synopsis: Irretrievable breakdown of marriage. Provides that if the
parties to a petition for dissolution of marriage are the parents of one
or more minor children for whom the parties have legal and physical
custody, and the sole ground for dissolution of the marriage asserted in
the petition is irretrievable breakdown of the marriage, a court may
enter a dissolution decree only if: (1) at least one party to the petition
presents a witness at the final hearing on the petition who testifies to
affirm the irretrievable breakdown of the marriage; or (2) the parties
can show cause as to why the petition should be granted. Specifies the
individuals who may provide testimony as to the irretrievable
breakdown of the marriage, and provides that an individual other than
a licensed counselor may not have received any form of compensation
for acting as a witness.
Effective: July 1, 2025.
Wesco
January 21, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1684—LS 7606/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1684
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-15-2-13 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. Subject to section
3 14.5 of this chapter, at least sixty (60) days after a petition is filed in
4 an action for dissolution of marriage under section 2 of this chapter, the
5 court may enter a summary dissolution decree without holding a final
6 hearing under this chapter if there have been filed with the court
7 verified pleadings, signed by both parties, containing:
8 (1) a written waiver of final hearing; and
9 (2) either:
10 (A) a statement that there are no contested issues in the action;
11 or
12 (B) a written agreement made in accordance with section 17
13 of this chapter that settles any contested issues between the
14 parties.
15 SECTION 2. IC 31-15-2-14.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) This section applies if:
2025 IN 1684—LS 7606/DI 119 2
1 (1) the parties to a petition for dissolution of marriage are the
2 parents of one (1) or more minor children for whom the
3 parties have legal and physical custody; and
4 (2) the sole ground for dissolution of the marriage asserted in
5 the petition under section 5(a)(2)(E) of this chapter is
6 irretrievable breakdown of the marriage under section 3(1) of
7 this chapter.
8 (b) A court may enter a dissolution decree with respect to a
9 petition for dissolution of marriage described in subsection (a) only
10 if:
11 (1) at least one (1) party to the petition presents a witness at
12 the final hearing on the petition who testifies to affirm the
13 irretrievable breakdown of the marriage; or
14 (2) the parties can show cause as to why the petition should be
15 granted.
16 (c) A court may accept the testimony of any of the following
17 individuals as a witness for a party under subsection (b)(1):
18 (1) The officiant of the marriage.
19 (2) An individual who was a signed witness to the marriage.
20 (3) A parent or sibling of the party.
21 (4) A friend of the party who has known the party for at least
22 sixty (60) days.
23 (5) A religious leader with knowledge of the marriage.
24 (6) A licensed counselor with knowledge of the marriage.
25 (d) A court may not accept for purposes of subsection (b)(1) the
26 testimony of:
27 (1) an attorney representing a party to the petition for
28 dissolution; or
29 (2) an individual described in subsection (c)(1) through (c)(5)
30 who has received any form of compensation for acting as a
31 witness at the final hearing.
32 SECTION 3. IC 31-15-2-15 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) At the final
34 hearing on a petition for dissolution of marriage the court shall
35 consider evidence, including:
36 (1) agreements and verified pleadings filed with the court; and
37 (2) if section 14.5 of this chapter applies to the petition:
38 (A) the testimony of witnesses under section 14.5(b)(1) of
39 this chapter; or
40 (B) the assertion of cause by the parties to the petition
41 under section 14.5(b)(2) of this chapter.
42 (b) If the court finds that the material allegations of the petition are
2025 IN 1684—LS 7606/DI 119 3
1 true, the court:
2 (1) shall enter a dissolution decree as provided in section 16 of
3 this chapter; or
4 (2) if the court finds that there is a reasonable possibility of
5 reconciliation, may continue the matter and order the parties to
6 seek reconciliation through any available counseling.
7 (b) (c) At any time forty-five (45) days after the date of a
8 continuance:
9 (1) either party may move for the dissolution of the marriage; and
10 (2) the court may enter a dissolution decree as provided in section
11 16 of this chapter.
12 (c) (d) If no motion for the dissolution is filed, the matter shall be,
13 automatically and without further action by the court, dismissed after
14 the expiration of ninety (90) days from the date of continuance.
15 SECTION 4. IC 31-15-2-16 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) The court shall
17 enter a dissolution decree:
18 (1) when the court has made the findings required by section 15
19 of this chapter; or
20 (2) if section 14.5 of this chapter does not apply to the petition
21 for dissolution, upon the filing of pleadings under section 13 of
22 this chapter.
23 The decree may include orders as provided for in this article.
24 (b) A dissolution decree is final when entered, subject to the right
25 of appeal.
26 (c) An appeal from the provisions of a dissolution decree that does
27 not challenge the findings as to the dissolution of the marriage does not
28 delay the finality of the provision of the decree that dissolves the
29 marriage, so that the parties may remarry pending appeal.
2025 IN 1684—LS 7606/DI 119