What If One Party Wants a Divorce and the Other Does Not?
Understanding Divorce When One Spouse Objects in Indiana
Divorce is often a challenging and emotional process, but it becomes even more complex when one spouse does not want the divorce. If you find yourself in this situation—whether you’re the one seeking to move forward or the one hoping to reconcile—it’s essential to understand Indiana’s divorce laws and what legal options you have.
Is Mutual Agreement Required for Divorce in Indiana?
No, Indiana is a no-fault divorce state, meaning that only one spouse needs to declare that the marriage is irretrievably broken. If one party wants a divorce, the court will not force the other spouse to agree; instead, the process will proceed regardless of their objections.
Legal Steps for Divorce in Indiana When One Party Objects
1. Filing the Divorce Petition
The spouse seeking divorce (the petitioner) must file a Petition for Dissolution of Marriage in the county where they reside.
Indiana law requires at least one spouse to have lived in the state for six months before filing.
2. Serving Divorce Papers
The petitioner must serve the divorce papers to the other spouse (the respondent).
3. Waiting Period & Contested vs. Uncontested Divorce
Indiana law mandates a 60-day waiting period before a final divorce decree can be issued.
If both parties agree on major issues (property division, child custody, etc.), the process can be relatively quick.
If the respondent objects to the divorce or disputes key terms, the case may proceed to trial.
Can a Spouse Prevent a Divorce?
A reluctant spouse cannot stop the divorce, but they can slow down the process by:
Refusing to respond to the petition (in which case a default judgment may be entered against them).
Contesting key issues like property division, child custody, or spousal support, leading to court hearings or mediation.
How Long Can a Contested Divorce Take in Indiana?
If one spouse contests the divorce, the timeline can extend significantly. Factors affecting the duration include:
Court backlogs
Disputes over child custody, support, or asset division
The willingness of both parties to negotiate A contested divorce can take anywhere from several months to over a year to resolve.
What If My Spouse Refuses to Participate?
If the other spouse refuses to respond to the divorce petition or avoids court appearances, the court may issue a default judgment, granting the divorce based on the petitioner’s terms.
How Can an Attorney Help?
If you’re facing a contested divorce in Indiana, an experienced family law attorney can:
Help file the necessary paperwork correctly and on time
Protect your rights regarding property, custody, and spousal support
Negotiate favorable settlement terms
Represent you in court if necessary
Get Legal Help for Your Divorce Today
If you’re considering divorce or dealing with a reluctant spouse, don’t navigate the process alone. At Vining Legal, we provide compassionate and strategic legal guidance to help you achieve the best possible outcome.
📞 Call or text (317) 759-3225 to schedule a consultation, or visit our website at Vining Legal to learn more.
