Uncontested Divorce Without Children in Indiana: A Faster, Simpler Way to End Your Marriage

When you and your spouse agree that the marriage is over—and you don't have children—an uncontested divorce without children in Indiana offers a faster, simpler, and more affordable path forward. If you both agree on how to divide property and debts, you can avoid the stress, cost, and uncertainty of a contested divorce trial.

This guide explains what an uncontested divorce without children looks like in Indiana, who qualifies, what the process involves, and how to avoid common mistakes that can delay your case or create problems later. You'll also learn about realistic timelines, costs, and whether you really need a lawyer to finalize your divorce correctly.

If you and your spouse agree on everything, you may qualify for a streamlined divorce. Call or text (317) 759-3225 to find out if this option fits your situation.

What Is an Uncontested Divorce Without Children in Indiana?

An uncontested divorce means both spouses agree on all major issues and are willing to cooperate to end the marriage. When there are no children involved, the process becomes even simpler because you don't need to navigate custody arrangements, parenting time schedules, or child support calculations.

What Makes a Divorce "Uncontested"?

A divorce is considered uncontested when both parties agree on:

• Division of property: Real estate, vehicles, bank accounts, retirement accounts, and personal belongings

• Division of debts: Credit cards, mortgages, car loans, and other joint liabilities

• Spousal maintenance: Whether either spouse will pay or receive support (also called alimony)

• Name change: If one spouse wants to return to a previous name

No disputes means no trial. That translates to less time in court, lower legal fees, and a quicker resolution.

Why Is Divorce Simpler Without Children?

When children aren't involved, you eliminate some of the most complex and emotionally charged aspects of divorce:

• No custody orders to negotiate

• No parenting time guidelines to follow

• No child support calculations

• No future modification battles over school, healthcare, or visitation

This allows you to focus entirely on financial matters and move forward more efficiently.

Who Qualifies for a Simple Divorce in Indiana?

Not every divorce qualifies as uncontested, even when both spouses say they agree. Indiana law imposes specific requirements, and certain circumstances can complicate what appears to be a straightforward case.

Residency Requirements

Before filing for divorce in Indiana, at least one spouse must meet the following residency requirements under Indiana Code § 31-15-2-6:

• 6 months as a resident of Indiana

• 3 months as a resident of the county where the petition is filed

If you or your spouse recently moved to Indiana or changed counties, you'll need to wait until you satisfy these requirements before filing.

Agreement on All Terms

To qualify for an uncontested divorce, you must reach full agreement on how to handle:

Property:

• Real estate (houses, land, rental properties)

• Retirement accounts (401(k)s, IRAs, pensions)

• Vehicles

• Bank accounts

• Personal belongings

Debts:

• Mortgages

• Credit card balances

• Car loans

• Medical bills

• Any other joint liabilities

If you and your spouse cannot agree on even one item, your case may require mediation or a contested hearing.

When It's NOT Truly Uncontested

Some couples believe they have an agreement, only to discover issues later. Watch for these red flags:

• Hidden assets: One spouse hasn't fully disclosed bank accounts, investments, or property

• Power imbalance: One spouse feels pressured or coerced into agreeing

• Emotional manipulation: One party uses guilt or threats to force cooperation

• Unresponsive spouse: One spouse agrees verbally but won't sign paperwork or appear in court

I've seen "easy divorces" unravel when couples rely on verbal promises or incomplete paperwork. If any of these issues sound familiar, it's worth getting professional guidance before moving forward.

Step-by-Step Process for an Indiana Uncontested Divorce Without Children

Understanding the process helps you prepare, avoid delays, and ensure everything is handled correctly.

Step 1 – File the Petition

The process begins when one spouse files a Petition for Dissolution of Marriage with the appropriate Indiana court. This document includes:

• Basic information about both spouses

• The grounds for divorce (Indiana is a no-fault state, so "irretrievable breakdown" is sufficient)

• A statement about residency requirements

• A request for the court to dissolve the marriage

You'll also pay a filing fee when you submit the petition. Filing fees vary by county—for example, Clark County charges $177 for a divorce without children. Contact your local clerk's office for the exact amount.

Step 2 – 60-Day Waiting Period

Indiana requires a 60-day minimum waiting period before your divorce can be finalized, as outlined in Indiana Code § 31-15-2-10. This waiting period begins on the date the petition is filed and cannot be waived, even if both spouses agree to finalize the divorce sooner.

This gives both parties time to review their agreement, gather financial documents, and ensure they're making informed decisions.

Step 3 – Draft the Settlement Agreement

The Settlement Agreement (sometimes called a Marital Settlement Agreement) is the heart of an uncontested divorce. This legally binding document outlines how you and your spouse have agreed to divide everything, including:

• Real estate and how titles will be transferred

• Retirement accounts and whether a Qualified Domestic Relations Order (QDRO) is needed

• Vehicles and who will take possession

• Bank accounts and how balances will be split

• Debt allocation and who is responsible for paying which debts

• Spousal maintenance terms, if applicable

A well-drafted settlement agreement protects both parties and prevents future disputes. Courts won't intervene to fix vague or incomplete agreements, so precision matters.

Step 4 – Final Hearing

Once the 60-day waiting period has passed and all paperwork is in order, the court will schedule a final hearing. In many uncontested cases, this hearing is brief—sometimes just a few minutes. Some Indiana counties even allow judges to waive the hearing entirely if the paperwork is complete and correct.

During the hearing (if required), the judge will:

• Review the Settlement Agreement

• Confirm both parties understand and agree to the terms

• Issue a Decree for Dissolution of Marriage, which legally ends the marriage

If you want your divorce done correctly the first time—without delays or rejected paperwork—schedule your consultation today.

Call or text (317) 759-3225 or schedule online: https://indianalawyer.esq/contact

How Long Does an Uncontested Divorce Without Children Take in Indiana?

The minimum timeline for an uncontested divorce in Indiana is 60 days due to the mandatory waiting period. However, a realistic timeline is usually 60 to 90 days if you're organized and your paperwork is complete.

What Causes Delays?

Even in uncontested cases, certain issues can extend the timeline:

• Incorrect paperwork: Missing signatures, incomplete financial disclosures, or errors in the petition

• Incomplete financial disclosure: Failure to provide full documentation of assets and debts

• Retirement account complications: Delays in drafting or filing a QDRO

• Real estate issues: Problems transferring property titles or refinancing jointly held mortgages

• Scheduling conflicts: Court calendars can be crowded, especially in larger counties

The more organized you are from the start, the faster your divorce will be finalized.

How Much Does an Uncontested Divorce Without Children Cost?

Cost is one of the biggest concerns for couples pursuing divorce. An uncontested divorce is almost always more affordable than a contested case, but exact costs depend on several factors.

Court Filing Fees

Filing fees vary by county in Indiana. As an example, Clark County charges $177 for a divorce without children. Your local clerk's office can provide the exact fee for your county.

Attorney Fees

Many attorneys offer flat-fee structures for uncontested divorces without children. Flat fees provide predictability—you know exactly what you'll pay upfront, with no surprise billing for additional hours.

Flat-fee arrangements typically include:

• Preparation and filing of all divorce paperwork

• Drafting the Settlement Agreement

• Representation at the final hearing (if required)

• Guidance throughout the 60-day waiting period

At Vining Legal, we offer flat-fee options and payment plans to make legal representation accessible. Knowing your costs upfront removes financial stress during an already difficult time.

Common Mistakes to Avoid in a Divorce Without Children

Even straightforward divorces can go wrong if you overlook important details. Here are the most common mistakes I see—and how to avoid them.

Forgetting Retirement Accounts

Retirement accounts like 401(k)s and IRAs are marital property and must be divided according to your agreement. Simply agreeing to split them isn't enough—you'll need a Qualified Domestic Relations Order (QDRO) to transfer funds without tax penalties.

DIY Forms That Don't Address Real Estate Properly

If you own a home or other real estate, your Settlement Agreement must specify how titles will be transferred and whether one spouse will refinance the mortgage. Generic online forms often miss these details, leading to problems later.

Failing to Refinance Jointly Held Debt

If one spouse agrees to take responsibility for a joint credit card or car loan, the other spouse remains legally liable unless the account is refinanced or closed. Lenders don't care about your divorce decree—they'll still pursue both parties for payment.

Not Handling Tax Implications

Dividing assets can have tax consequences, especially when it comes to retirement accounts, real estate sales, or spousal maintenance. Consulting with a tax professional or attorney can help you avoid unexpected bills.

Signing a Vague Settlement Agreement

I once worked with a couple who thought they had an agreement, but their paperwork used phrases like "fair division" and "reasonable expenses." When disputes arose months later, the court couldn't enforce those vague terms. Be specific about every detail.

Do You Really Need a Lawyer for an Uncontested Divorce in Indiana?

This is one of the most common questions I hear. Technically, you can file for divorce yourself without an attorney. Indiana courts provide some guidance, and online resources offer templates.

However, courts won't fix mistakes for you. If your paperwork is incomplete, incorrect, or vague, it could be rejected—or worse, approved with terms that create problems later.

Why Clean Paperwork Matters

A professionally prepared Settlement Agreement protects both parties by:

• Clearly defining who gets what

• Preventing future disputes

• Ensuring compliance with Indiana law

• Avoiding costly modifications down the line

Even in uncontested cases, small errors can lead to delays, rejected filings, or the need to return to court later.

Vining Legal: Efficient, Predictable, Professional

At Vining Legal, we focus on low-conflict resolutions for couples who want to move forward without the drama of a contested trial. Our approach is:

• Efficient: We streamline the process to get you to the finish line faster

• Predictable: Flat-fee pricing means no surprise bills

• Professional: We handle the legal details so you can focus on your future

Is an Uncontested Divorce Without Children Right for You?

An uncontested divorce without children is the right choice if:

• You and your spouse agree on how to divide property and debts

• You don't have children together

• You have a clear picture of all assets and liabilities

• You want to avoid the time, cost, and stress of a court battle

If you're unsure whether your situation qualifies, a brief consultation can provide clarity.

If you and your spouse agree on everything and want a faster, simpler divorce, I can help you finalize it correctly and efficiently.

Schedule your consultation today.

Call or text: (317) 759-3225
Contact form: https://indianalawyer.esq/contact

Flat-fee options available. Payment plans offered.