Published in Family Law on September 4, 2021.
When you’re considering filing for divorce, one of the first questions you may have is: how long will it take to get a divorce in Indiana?
The amount of time required to complete a divorce can vary drastically from case to case.
Let’s take a look at the divorce process in Indiana to give you an idea of how long your divorce will take.
Waiting Period for Indiana Divorces
Most states have some form of waiting period before you can finalize your divorce. Indiana is no different.
In Indiana, the court cannot sign off on your divorce for at least 60 days after you file. So regardless of other circumstances, your divorce will take at least 60 days to complete.
Divorce Education Classes
If you are getting divorced and you have children, your county may require you to take a divorce education class as part of the Indiana divorce process.
For example, residents of Marion County and Hamilton County must complete the Children Cope with Divorce program, or COPE for short.
Grounds for Divorce in Indiana
Indiana is a no-fault state, so you don’t have to prove fault to get a divorce. Either spouse can obtain a divorce for any reason. Therefore, any reason for a divorce is a legitimate reason. Under the current laws of Indiana, fault will not come into play as it may in other states.
Whether You Can Reach an Agreement
Some couples are able to reach an agreement about important divorce issues on their own. If you have done this, a divorce attorney can complete the necessary paperwork for you, and your divorce can move forward quickly.
Some of the major issues you may need to agree on include:
- Parenting time calendars,
- Child support,
- Division of property and debts,
- Division of retirement funds, and
- Spousal maintenance (in limited circumstances).
If you cannot agree, your divorce will not be finalized until your disputes are resolved, either through mediation, negotiation, or a trial court’s decision.
The time it takes to reach a resolution will have a major impact on how long it takes to get a divorce in Indiana.
Most counties require you to mediate disputes before taking them before the court. In Marion County, for example, you must attend mediation if you expect your issues to take more than two hours of the court’s time. Hancock County, on the other hand, does not require mediation at all.
Mediation can actually save you time and money in the long run if you reach an agreement. Additionally, mediated settlement agreements are enforceable as of the date of the agreement even if the judge takes their time to sign it.
Choosing an Indiana Divorce Lawyer
Now that you understand how long it may take to get a divorce in Indiana, you can get the divorce process moving by hiring an attorney. The experienced divorce lawyers at Eskew Law can help you get started.
We understand that getting a divorce is a stressful process. But we will look out for your interests and help you through it. When you are ready, give us a call at (317) 974-0177 or contact us online to schedule an initial consultation.