Getting a divorce is more than just an emotional process. It also includes logistical elements, some within the control of those getting divorced and some outside of it. This leaves many wondering how long it takes to get divorced in Indiana. While each timeline is different, there are certain elements that can affect how long the divorce process can take, as well as things you can do to help in a speedy process.

About Stange Law Firm

Divorce and family law issues can be complex and emotional. At Stange Law Firm, we treat each case with sensitivity and respect. Founded in 2007, our practice is exclusively devoted to representing individuals and families in divorce and family law matters. We have offices in several states, each staffed with a team of experienced divorce and family law attorneys who are here to help you through this difficult time.

Residency and Mandatory Waiting Period

According to the CDC, the marriage rate in the United States was 14.9 per 1,000 women aged 15 or older. The divorce rate was 6.9. Both marriage and divorce rates have decreased in the last ten years.

Before considering anything else, the law in Indiana sets a minimum time for obtaining a divorce. Both spouses must meet residency requirements to file for divorce in Indiana, which require that one partner live in Indiana for 6 months and in the filing county for 3 months prior to submitting the petition.

Indiana law stipulates that following the filing of divorce papers, there must be a 60-day statutory waiting period before a judge can issue a final decree. Even uncontested divorces that encounter no issues cannot be completed before about 2 months, and everyday circumstances tend to extend this timeframe.

Contested vs. Uncontested

One of the single biggest drivers of time is whether spouses cooperate. A case without conflict can proceed to a conclusion right after the 60-day mark, provided that all documents are in order and the court schedule permits.

On the other hand, contested cases that require discovery, hearings, or a trial can take many months or even over a year, depending on how many issues are in dispute and how long it takes attorneys and courts to gather evidence and schedule hearings.

Finances and Assets

When a divorce includes many and/or complex finances and assets, this can prolong the divorce process, as this means there are many additional things to work through. The time frame is usually extended in cases involving companies, intricate retirement plans, stock options, or hidden assets. Time and steps are increased by hiring forensic accountants, valuing a small business, and acquiring financial records from outside sources.

If both parties work together, even high-value marital estates can be settled quickly because disputes over division and valuation are what take time. It can also make paperwork and discovery more difficult if you or your spouse owns property in several counties.

Child Custody, Child Support, and Parenting Time

If children are involved, the courts need to make determinations on custody, parenting time, and child support. The court evaluates these issues to determine a child’s stability. Cases involving children often have more filings, affidavits, home studies, or custody evaluations.

Also, some Indiana counties require parents to take certain educational classes or participate in mediation before a permanent decree is entered. All of these added steps, while intended to protect children, can add weeks or months to the process.

Local Court Caseload

Each county in Indiana maintains its own family court with its own local rules, resulting in varying case processing times across the state. Urban courts like Marion County/Indianapolis experience heavier caseloads and use distinct local procedures, leading to scheduling final hearings beyond the standard 60-day time frame.

Understanding local rules and courthouse practices, with the help of lawyers who know them well, helps expedite case resolution by saving significant time.

How Stange Law Firm Can Help

Stange Law Firm family law lawyers in Indiana help with every timeline challenge, from meeting your residency deadlines to settlements and negotiations, timely discovery, and local court rules, both in Marion County and around the state. Stange Law Firm stands ready to assist newcomers to the dissolution process and to provide strategies to shorten your case through mediation or early financial disclosure.

FAQs

Q: How Can I Speed Up the Divorce Process in Indiana?

A: Preparation is key to expediting your divorce. Collecting financial records, responding promptly to discovery requests, and seeking settlement or mediation rather than a trial will all keep your case moving. Filing in the proper county and serving your spouse properly can prevent procedural delays. Using a local divorce lawyer can ensure your paperwork is prepared correctly for the court.

Q: Does Having Children Make My Divorce Take Longer?

A: Typically, yes, having children makes a divorce take longer. This is because there are additional issues to work out than divorces that do not have kids, such as child support, child custody, and parenting time. If you have children and are going through a divorce, you can speed up the process by reaching agreements with your spouse beforehand. Disagreements typically extend the timeline even further.

Q: What Happens After I File for Divorce in Indiana?

A: After a petition for dissolution is filed, the other spouse must be served with the dissolution papers. The other spouse has time to file a response, and then the parties exchange information on finances, property, and parenting issues. The court can also issue temporary orders during this time. The divorce can be finalized after 60 days have passed if all issues have been settled.

Q: What Happens if My Spouse Doesn’t Respond to the Divorce Papers?

A: If your spouse does not respond in time, the court may grant a default judgment. The divorce will proceed without their involvement, though you must still satisfy all filing and notice requirements. Default divorces are usually quicker, but the petitioner must prove they were properly served and provide sufficient information for the judge to rule.

Contact Stange Law Firm for Your Divorce Needs Today

If you or someone you know is going through a divorce, don’t try to handle the legal process alone. Stange Law Firm can help you fight for a fair divorce and ensure your rights are protected. Contact us today to get started.