Fast and Simple Divorce in Indiana: Is it Possible?
Divorce is often perceived as a long, stressful, and expensive process. However, in Indiana, couples who agree on all major issues can file for an uncontested divorce, which is a faster and simpler way to dissolve a marriage. By understanding the legal process and preparing the necessary documents, you can finalize your divorce efficiently while avoiding unnecessary conflict.
In this guide, we’ll walk you through the uncontested divorce process in Indiana, its benefits, eligibility requirements, and how to ensure a smooth filing.
What is an Uncontested Divorce in Indiana?
An uncontested divorce (also known as an agreed divorce) occurs when both spouses agree on all key aspects of the divorce, including:
✔ Division of assets and debts
✔ Child custody and parenting time (if applicable)
✔ Child support and spousal maintenance
✔ Any other relevant issues
Unlike contested divorces, where spouses battle over these matters in court, an uncontested divorce allows for a faster resolution with minimal court involvement.
Benefits of an Uncontested Divorce
Choosing an uncontested divorce in Indiana offers several advantages:
✔ Faster resolution: Indiana requires a 60-day waiting period before a divorce can be finalized. If everything is in order, the process can be completed shortly after that.
✔ Lower cost: Because it eliminates the need for lengthy litigation, legal fees are significantly lower.
✔ Less stress and conflict: When both parties agree on terms, the divorce process is smoother and more amicable.
✔ More privacy: Avoiding a drawn-out court battle keeps your personal matters out of the public record.
✔ Better co-parenting relationships: If children are involved, a cooperative approach can help maintain a healthy parenting dynamic post-divorce.
Step-by-Step Process to Get an Uncontested Divorce in Indiana
Step 1: File the Petition for Dissolution of Marriage
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage in the appropriate Indiana court.
Step 2: Serve the Other Spouse
The petition must be legally served to the other spouse (respondent), who can then sign a waiver of service to expedite the process.
Step 3: Draft a Settlement Agreement
This is the most critical step in an uncontested divorce. The settlement agreement should cover:
✔ Property and debt division
✔ Custody and parenting time (if applicable)
✔ Child support calculations (if applicable)
✔ Spousal maintenance (if applicable)
Both spouses must sign the agreement before submitting it to the court.
Step 4: Wait the Mandatory 60-Day Period
Indiana law requires a 60-day waiting period after filing before a judge can finalize the divorce. During this time, spouses should ensure all paperwork is properly completed.
Step 5: Finalize the Divorce in Court
In some cases, a final hearing may be required, but in most uncontested divorces, the judge reviews the paperwork and signs the decree without a hearing. Once approved, your marriage is legally dissolved.
Common Issues That May Complicate an Uncontested Divorce
Even in an uncontested divorce, certain issues can slow down the process if not addressed properly:
❌ Hidden assets: If one spouse attempts to conceal assets, legal intervention may be necessary.
❌ Disagreements over parenting time: Custody disputes can turn an uncontested case into a contested one.
❌ Failure to disclose financial details: Full financial transparency is required to ensure fairness.
❌ Not following proper procedures: Failing to file the right forms or missing deadlines can delay finalization.
To avoid complications, it’s best to consult a family law attorney to review your settlement agreement before filing.
Do You Need a Lawyer for an Uncontested Divorce?
While an uncontested divorce is designed to be simpler, having an experienced attorney ensures:
✔ All paperwork is filed correctly
✔ Your rights and financial interests are protected
✔ Your settlement agreement is legally enforceable
✔ You avoid costly mistakes
An attorney can draft or review your agreement, ensure compliance with Indiana law, and address any last-minute concerns.
Conclusion
A fast and simple divorce in Indiana is possible—but only if both spouses agree on all terms and follow the correct legal procedures. An uncontested divorce is the best option for couples who want to avoid conflict, reduce costs, and finalize their divorce quickly.
If you're considering an uncontested divorce in Indiana, don’t take chances with your legal rights. Contact Vining Legal at (317) 759-3225 or fill out our online form for a free consultation today.