Uncontested Divorce With Children in Indiana: What You Need to Know
Going through a divorce is difficult enough. When children are involved, parents often worry about making the process as smooth and protective as possible for everyone.
Many people assume an uncontested divorce—where both spouses agree on major issues—is only available to couples without children. That's not the case. You can absolutely pursue an uncontested divorce in Indiana even if you have minor children. However, the court must carefully review and approve every detail related to custody, parenting time, and child support to ensure the arrangement serves your children's best interests.
This guide walks you through what uncontested divorce with children looks like in Indiana, what the court expects, and how to avoid common mistakes that can delay or complicate your case.
What Makes a Divorce "Uncontested" When Children Are Involved?
An uncontested divorce means both spouses have reached full agreement on all major issues. When children are part of the equation, that includes:
Legal custody: Who makes major decisions about education, healthcare, and religion
Physical custody: Where the children will primarily live
Parenting time schedule: When each parent spends time with the children
Child support: Financial contributions for the children's care
Healthcare and education expenses: How these costs will be shared
Indiana divorce law is governed primarily by Indiana Code Title 31, which sets out the requirements for dissolution of marriage, custody determinations, and support obligations. Even if you and your spouse agree on everything, the court still reviews your arrangements to confirm they meet Indiana's legal standards and protect your children.
Legal Custody vs. Physical Custody in Indiana
Understanding the difference between legal and physical custody is essential.
Legal custody refers to decision-making authority. Parents with joint legal custody share responsibility for major life decisions affecting the child. This includes choices about schooling, medical treatment, extracurricular activities, and religious upbringing. In some cases, one parent may be awarded sole legal custody if the other parent is unavailable, unfit, or if joint decision-making would create ongoing conflict harmful to the child.
Physical custody refers to where the child lives on a day-to-day basis. One parent typically has primary physical custody, while the other has parenting time (often called visitation). Indiana does allow for shared physical custody arrangements, though this requires careful planning and cooperation.
When determining custody, Indiana courts apply the "best interests of the child" standard under Indiana Code § 31-17-2-8. There is no presumption favoring either parent. Instead, the court considers factors including:
The age and sex of the child
The wishes of each parent
The child's preference (with more weight given if the child is at least 14 years old)
The child's relationship with each parent, siblings, and other significant individuals
The child's adjustment to home, school, and community
The mental and physical health of everyone involved
Evidence of domestic or family violence
These factors guide the court's review even in uncontested cases. Your agreed-upon custody arrangement must reflect your child's needs and circumstances.
Parenting Time: What Schedule Will the Court Expect?
Indiana courts often reference the Indiana Parenting Time Guidelines, which were most recently updated effective January 1, 2022. These guidelines are designed to ensure children maintain frequent, meaningful, and continuing contact with both parents.
The guidelines establish minimum parenting time standards based on the child's age and developmental stage. For example:
Infants and toddlers may have shorter, more frequent visits with the non-custodial parent
Children age 3 and older typically follow a schedule that includes alternating weekends, mid-week time, and holidays
Teenagers benefit from schedules that accommodate school, extracurricular activities, and social commitments
You and your spouse can agree to a parenting schedule that differs from the guidelines—many parents do. However, your schedule must be detailed and practical. Vague language like "reasonable parenting time" or "as agreed by the parties" will not satisfy the court.
Your parenting plan should address:
Regular weekday and weekend schedules
Holiday and school break rotation
Summer vacation time
Transportation responsibilities
Communication methods (phone, video calls, etc.)
How schedule changes will be handled
The more specific your plan, the easier it will be to enforce and the less likely conflicts will arise down the road.
Child Support in an Uncontested Divorce
Child support is not optional, even in an uncontested divorce. Indiana uses the Indiana Child Support Guidelines, which follow an income shares model. This approach calculates support based on the principle that children should receive the same proportion of parental income they would have received if the family remained intact.
The child support calculation considers:
Each parent's weekly gross income
The number of overnights each parent has with the child
Health insurance premiums paid for the child
Work-related childcare expenses
Support is calculated using the Child Support Obligation Worksheet, which generates a presumptive amount. Parents can agree to a different amount—higher or lower—but the court must approve any deviation and will require a written explanation of why the agreed amount serves the child's best interests.
Even if one parent earns significantly more than the other, or if you're planning a shared parenting arrangement, child support must still be calculated according to the guidelines. The worksheet accounts for parenting time credits and adjusts the obligation accordingly.
Required Parenting Documents
To finalize an uncontested divorce with children, you'll need to file several key documents with the court:
Parenting Plan: A detailed written agreement outlining legal custody, physical custody, and the parenting time schedule. This document should be clear, comprehensive, and tailored to your family's needs.
Child Support Obligation Worksheet: A completed worksheet showing how child support was calculated under the Indiana Child Support Guidelines. This must be filed even if the parents agree to deviate from the guideline amount.
Settlement Agreement: A comprehensive agreement addressing all issues in the divorce, including property division, debt allocation, and parenting arrangements. This becomes part of the final decree.
Income Withholding Order: If child support will be paid through wage withholding (which is common), the court will issue an order directing the paying parent's employer to deduct support from their paycheck.
These documents must be accurate, complete, and consistent with Indiana law. Missing details or conflicting provisions can delay your divorce or require additional court hearings.
The 60-Day Waiting Period Still Applies
Indiana law requires a mandatory waiting period before a divorce can be finalized. Under Indiana Code § 31-15-2-10, a final hearing cannot be held until at least 60 days after the petition for dissolution is filed.
This waiting period applies to all divorces in Indiana, including uncontested cases. Even if you and your spouse have already agreed on everything, you cannot obtain your final decree until the 60 days have passed.
The waiting period is designed to give both spouses time to carefully consider their decisions and, if necessary, seek legal advice or counseling. In practice, many uncontested divorces with children take longer than 60 days due to the time needed to prepare documents, exchange financial information, and coordinate schedules for the final hearing.
What Happens at the Final Hearing?
In an uncontested divorce, the final hearing is typically brief—often 15 to 30 minutes. This is sometimes called a "prove-up" hearing because the court is verifying the agreement and ensuring all legal requirements have been met.
During the hearing, the judge will review:
The custody arrangement and parenting time schedule
The child support calculation and worksheet
Whether the arrangement serves the best interests of the child
Whether both parties understand and voluntarily agree to the terms
The judge may ask questions to confirm that you and your spouse have thought through the practical details. For example: How will you handle disputes about parenting time? What happens if one parent needs to relocate? How will you communicate about the children's needs?
If the judge is satisfied that your agreement is fair, complete, and in your children's best interests, a Decree of Dissolution will be entered. This decree is a legally binding court order that finalizes your divorce and establishes custody, parenting time, and support.
Common Mistakes Parents Make in Uncontested Divorce
Even well-intentioned parents can make mistakes that create problems later. Here are some of the most common pitfalls:
Using vague parenting schedules: Phrases like "flexible parenting time" or "as mutually agreed" sound cooperative, but they often lead to disputes. Be specific about days, times, and transitions.
Forgetting holiday details: Many parents overlook holiday schedules until the first conflict arises. Your parenting plan should clearly address Thanksgiving, Christmas, spring break, summer vacation, and other important dates.
Not addressing extracurricular expenses: Who pays for sports, music lessons, summer camp, or school trips? These costs add up. Your agreement should specify how they'll be shared.
Underestimating future conflict: Even amicable divorces can become contentious when circumstances change. Build in clear procedures for resolving disputes—mediation is often required before going back to court.
Copying generic online agreements: Every family is different. A template downloaded from the internet may not address your specific situation or comply with Indiana law.
Taking the time to create a thorough, well-drafted agreement now will save you time, money, and stress in the future.
Is Mediation Helpful Even If You Agree?
Many parents wonder whether mediation is necessary if they've already reached an agreement. While not required in uncontested cases, mediation can still be valuable.
A trained mediator can:
Clarify expectations and identify potential blind spots
Help you work through details you may not have considered
Reduce the risk of future litigation
Protect and strengthen your co-parenting relationship
Mediation provides a neutral space to discuss sensitive topics with the guidance of a professional. It can also help ensure your agreement is balanced and sustainable over time, as your children grow and circumstances change.
When Should You Speak With an Indiana Divorce Lawyer?
Even if your divorce is uncontested, consulting with an experienced family law attorney is often a wise investment. Consider seeking legal guidance if:
You have minor children
One parent earns significantly more than the other
There is tension between you and your spouse, but you want to avoid a court battle
You want a stable, enforceable agreement that protects your rights and your children's future
An attorney can review your proposed agreement, ensure compliance with Indiana law, identify potential issues, and help you avoid costly mistakes. Many lawyers offer limited-scope representation, where they assist with specific tasks—like drafting a parenting plan or reviewing a settlement agreement—rather than handling the entire case.
Moving Forward With Confidence
An uncontested divorce with children in Indiana is possible, but it requires careful planning, clear communication, and adherence to legal standards. The court's primary concern is always the well-being of your children, and your custody, parenting time, and support arrangements must reflect that priority.
By understanding the legal requirements, preparing thorough documentation, and seeking guidance when needed, you can navigate this process with confidence and create a foundation for successful co-parenting in the years ahead.
If you're considering an uncontested divorce in Indiana and want to ensure your children's interests are protected, consult with a family law attorney who can provide strategic, practical advice tailored to your situation.
