Years Apart: How to Get an Uncontested Divorce in Indiana

Divorce can feel overwhelming, especially if you and your spouse have been separated for years. Many couples delay filing because they believe the process will be complicated, costly, or emotionally exhausting. However, Indiana law allows for an uncontested divorce, which is the simplest and fastest way to legally end a marriage when both parties agree on the terms.

In this guide, we’ll walk you through the step-by-step process of getting an uncontested divorce in Indiana after a long separation. Whether you’ve been apart for years or just recently decided to make your separation official, this guide will help you understand your options and take action.

📞 Need legal guidance on filing for an uncontested divorce? Contact Vining Legal at (317) 759-3225.

1. Understanding Divorce in Indiana: The Basics

Indiana allows for "no-fault" divorce, meaning you don’t need to prove wrongdoing. Most divorces are granted on the grounds of an "irretrievable breakdown of the marriage."

Contested vs. Uncontested Divorce

✔ Contested Divorce: If you and your spouse disagree on any issues (property division, child custody, etc.), your case may require court intervention.
✔Uncontested Divorce: If both parties agree on all terms, the process is much simpler, faster, and less expensive.

Benefits of an Uncontested Divorce

✔ Less stressful than a court battle.
✔ Lower legal fees compared to contested cases.
✔ Faster process (can be finalized in 60 days).
✔ More control over the terms of your divorce.

👉 Bottom Line: If you and your spouse are on the same page, an uncontested divorce is the easiest path forward.

2. Are You Eligible for an Uncontested Divorce in Indiana?

To qualify for an uncontested divorce in Indiana, you must meet the following criteria:

✔ Residency Requirements: At least one spouse must have lived in Indiana for six (6) months and in the filing county for three (3) months.
✔ Mutual Agreement: Both parties must agree on property division, child custody, and financial matters.
✔ No Ongoing Disputes: If either spouse challenges the divorce terms, it becomes contested and may require legal proceedings.

👉 Bottom Line: If you meet these requirements, you can proceed with a quick, straightforward divorce process.

3. Step-by-Step Process for an Uncontested Divorce in Indiana

Step 1: File the Petition for Dissolution of Marriage

✔ One spouse (the Petitioner) files a Petition for Dissolution of Marriage in their county’s courthouse.
✔ The petition includes basic details about the marriage, assets, debts, and children (if applicable).

Step 2: Serve Your Spouse with Divorce Papers

✔ The other spouse (Respondent) must be formally served with the divorce papers.
✔ This can be done via certified mail, sheriff’s service, or private process server. They can also sign an acknowledgement of service instead of going through formal service.

Step 3: Create a Settlement Agreement

✔️ Both parties must agree on key issues, including:

• Division of assets and debts

• Child custody and support (if applicable)

• Spousal maintenance (alimony)
  ✔ This agreement is submitted to the court for approval.

Step 4: Receive the Decree of Dissolution

✔ Once the court approves the divorce, a Decree of Dissolution of Marriage is issued.
✔ This legally ends the marriage and finalizes all agreed-upon terms.

The Divorce Process is the Same—Agreement Can Be Reached Anytime

It's important to understand that filing for divorce and the legal process remain the same, whether the divorce is contested or uncontested. The only difference in an uncontested divorce is that both parties ultimately reach an agreement.

• You can start the divorce process before reaching an agreement. If issues remain unresolved, discussions and negotiations can continue while the case is pending.

• At any time during the process, the spouses can settle and pursue an uncontested case. This can save time and legal fees compared to a prolonged contested case.

• Having an attorney review your agreement ensures it is legally sound and protects your rights before it is submitted to the court.

👉 Bottom Line: You don’t need to have everything figured out before filing—you can start the process and finalize the terms along the way.

4. Do You Need an Attorney for an Uncontested Divorce?

While Indiana law allows you to file without an attorney, having legal representation is often beneficial—even in an uncontested divorce.

Benefits of Hiring a Divorce Attorney

✔ Ensures all paperwork is correctly filed.
✔ Prevents costly mistakes in asset division or custody agreements.
✔Protects your legal rights and ensures fair outcomes.
✔ Handles any unexpected disputes or challenges.
✔ Reviews your settlement agreement to ensure it complies with Indiana law.

📞 Need help finalizing your divorce? Contact Vining Legal at (317) 759-3225 for expert legal guidance.

Conclusion: Finalizing Your Divorce Simply & Stress-Free

Getting a divorce after years of separation doesn’t have to be complicated. If both parties agree, an uncontested divorce is the quickest, most affordable, and least stressful option.

✅ Key Takeaways:

• Indiana allows for uncontested, no-fault divorce.

• If you meet residency requirements and agree on all terms, the process is straightforward.

• A divorce can be finalized in as little as 60 days.

• You can start the divorce process and reach an agreement later.

• Hiring an attorney ensures a smooth, error-free process.

📞 Ready to finalize your divorce?
Call Vining Legal at (317) 759-3225 or schedule a consultation today.