When it comes to getting a divorce in Indiana, the time it takes can vary greatly. As experienced divorce lawyers at BruegelPC, I understand how stressful and confusing this process can be. That’s why I’ve laid out the key factors that determine how long your divorce might take. From mandatory waiting periods to contested issues, we’ll walk you through everything you need to know to prepare for this life-changing event.
As demonstrated by Indiana Legal Services, a divorce in Indiana takes at least 60 days after filing. The process may take longer if there are complications or disagreements. The time can vary based on specific case details.
Average Time for Divorce in Indiana
The average time for a divorce in Indiana typically ranges from 6 months to over a year, depending on the complexity of the case.
Predominantly, if the spouses agree on everything, a divorce can be done faster than if they don’t.
When both sides agree, it usually takes about 60 days to finish the process after filing the necessary forms with the court. This includes submitting a petition to end the marriage, a settlement agreement detailing the terms, and any other required paperwork. Both spouses must then attend a final hearing for the judge to approve the divorce and issue a final decree.
However, if the spouses can’t agree, the divorce takes longer. In general, disagreements might be about things like child custody, spousal support, or dividing assets, which need the court’s help to sort out. How long this takes varies, depending on how complicated the issues are and how willing the spouses are to negotiate.
In general, an uncontested divorce in Indiana takes about 60 days, while a contested one takes much longer. Anyone going through a divorce should get legal advice to understand the process and protect their rights.
Factors Affecting Divorce Duration
Interesting fact: Complex assets, child custody disputes, and the level of conflict between spouses are key factors that can significantly prolong the duration of a divorce.
To break it down, the time it takes to finalize a divorce can depend on several things:
- How complicated the case is
- The number of assets and debts to sort out
- If both parties are willing to negotiate and compromise
- If children and custody issues are involved
- The emotional state of each party
- How efficient the local legal system is
If the divorce involves many assets or disagreements over child custody, it might take longer. At its simplest, similarly, if one or both people are not willing to cooperate, the process can drag on.
Emotional issues can also slow down the divorce because they can delay decision-making and negotiations.
The efficiency of the local legal system plays a big role too. If there’s a backlog or the process is slow, it might take longer to reach a final agreement.
In short, the duration of a divorce depends on how complex the case is, how cooperative both parties are, their emotional states, and how fast the legal system works.
Divorce Process Steps in Indiana
Continuing from before, in Indiana, a notable fact is that the divorce process starts when one spouse files a petition for the dissolution of marriage.
To outline briefly, the other spouse has to be given the divorce papers and can respond to them. The couple might need to attend mediation to try and agree on important issues like child custody, visitation, child support, alimony, and dividing their property and debts. If they reach an agreement, it will be sent to the court for approval. If they can’t agree, the case will go to trial, and a judge will decide on these issues.
Predominantly, after the trial, the judge will issue a final divorce order, officially ending the marriage. Throughout this process, both spouses must disclose their finances and might need to go to court hearings. It’s important to follow all court orders and deadlines to keep the divorce process running smoothly. Once the divorce is finalized, both spouses are free to remarry if they want to.
Quickest Way to Get Divorced in Indiana
“Bringing together earlier ideas, the quickest way to get divorced in Indiana is by filing for a no-fault divorce, avoiding the need to assign blame for the marriage’s end.”
Predominantly to get a divorce in Indiana, you usually start by filling out forms from the Indiana courts website and submitting them to the court.
Both people need to agree to a no-fault divorce for it to go faster. If not, proving one person is at fault could make the process longer. If you have children, the divorce might also take longer because you will need to work out custody and support.
You know, after you file the papers, a hearing will be scheduled. Both people will have to go to court to finalize the divorce. The process can go faster if you both agree on things like dividing property, alimony, and child custody before the hearing.
In short, the fastest way to get divorced in Indiana is to agree on important issues and file for a no-fault divorce, then appear in court to finish the process.
Legal Requirements for Indiana Divorce
Repeating what we discussed, in Indiana, a no-fault divorce can be initiated simply by stating that the marriage has suffered an irretrievable breakdown.
Primarily getting a divorce involves a few steps. First, you need to file official papers, called a Petition for Dissolution of Marriage, at the court and give copies to your spouse. Both spouses must share information about their money, property, debts, and income.
In Indiana, you have to wait 60 days after filing before the divorce can be finalized. If you have kids under 18, both parents must take a class about parenting. The court will then decide who gets custody of the children, how visitation will work, what child support will be, and how to divide property and debts. The court’s main focus is what’s best for the kids.
In essence regarding alimony (financial support from one spouse to the other), the court looks at how long you were married, each person’s income and ability to earn money, and the lifestyle you had during the marriage. They will also consider any prior agreements between you and your spouse about money or property.
If you and your spouse can’t agree on the terms of the divorce, the court will hold a trial and make the decisions for you. You both have the right to have a lawyer help you through this process. Once the court issues the final divorce papers, your marriage is officially over, and you can marry someone else if you choose.
The Closing Remarks
As previously exemplified in Indiana, the length of time it takes to finalize a divorce varies depending on the complexity of the case and whether it is contested or uncontested.
What BruegelPC is finding useful to is, on average, an uncontested divorce can be completed in as little as a few months, while contested divorces can take significantly longer, possibly up to a year or more.
It is important to consult with a qualified attorney to understand the specific timeline for your situation.