Written by: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Indiana Divorce Law
How long does divorce take in Indiana? At minimum, 60 days. Under Indiana Code § 31-15-2-10, no divorce can be finalized earlier than 60 days after the petition is filed. An uncontested divorce where both spouses agree on all terms can often be completed within 60 to 90 days. Contested divorces involving disputes over property, custody, or support typically take six months to over a year, and complex cases can extend even longer.
Understanding the Indiana Divorce Timeline
If you are considering ending your marriage in Indiana, one of the first questions on your mind is likely how long does divorce take in Indiana. The answer depends on several factors, including whether your divorce is contested or uncontested, the complexity of the issues involved, and your county court's schedule. This guide walks you through every stage of the divorce duration in Indiana, from meeting residency requirements through the final decree.
Indiana legally refers to divorce as a "dissolution of marriage," governed primarily by Indiana Code Title 31, Article 15. The state permits both no-fault and fault-based divorce. Most couples file under the no-fault ground of "irretrievable breakdown" of the marriage, meaning neither spouse must prove wrongdoing by the other party. Under Indiana Code § 31-15-2-3, fault-based grounds are also available, including felony conviction during the marriage, impotence at the time of marriage, or incurable insanity lasting at least two years.
Residency Requirements Before You Can File
Before you can start the divorce clock, you must satisfy Indiana's residency requirements. Under Indiana Code § 31-15-2-6, at least one spouse must have been:
- A resident of the State of Indiana for at least six (6) months immediately before filing the petition for dissolution; and
- A resident of the county where the petition is filed for at least three (3) months immediately before filing.
Military personnel stationed in Indiana can satisfy these requirements through their posting rather than traditional domicile. If one spouse is assigned to a military base in Indiana for six months or longer, that individual qualifies as a state resident for divorce jurisdiction purposes.
If neither spouse meets these thresholds, the court lacks jurisdiction and the petition may be dismissed. You can, however, begin gathering documentation and consulting an attorney while you wait to become eligible.
The Mandatory 60-Day Waiting Period
Indiana imposes a statutory waiting period that sets the floor for how long your divorce will take. Under Indiana Code § 31-15-2-10, a final hearing on a dissolution of marriage may not be conducted earlier than sixty (60) days after the filing of the petition. This waiting period applies to every divorce in Indiana, whether contested or uncontested.
The purpose of this 60-day period is to give both spouses time to consider reconciliation, respond to the petition, and begin negotiating settlement terms. During this window, the respondent spouse has 30 days to file an answer to the petition. Couples can also begin working on agreements regarding child custody, parenting time, child support, and the division of marital assets.
This 60-day waiting period represents the fastest divorce timeline possible in Indiana. However, achieving that minimum timeline requires the full cooperation of both parties and a court that is ready to act promptly once the waiting period expires.
Step-by-Step Divorce Process and Timeline
Here is a breakdown of the typical stages and how they affect the divorce timeline in Indiana:
Step 1: Filing the Petition (Day 1)
The divorce process begins when one spouse (the petitioner) files a Verified Petition for Dissolution of Marriage with the Circuit or Superior Court in the county where the residency requirement is met. The petition must meet the requirements set forth in Indiana Code § 31-15-2-5, including identifying information about both spouses, any minor children, and the grounds for divorce.
Along with the petition, you will typically need to file:
- An Appearance by Unrepresented Person in Civil Case (if proceeding pro se)
- A Summons for service on the other spouse
- A UCCJEA Affidavit (if minor children are involved, per I.C. § 31-21-5-10)
- A Financial Declaration (required by many Indiana counties)
Filing fees in Indiana generally range from $157 to $177 depending on the county. If you need the sheriff to serve the papers, an additional fee of approximately $28 applies. As of February 2025. Verify with your local clerk, as fees vary by county and are subject to change.
If you cannot afford the filing fee, Indiana law permits you to request a fee waiver by submitting a Verified Motion for Fee Waiver to the court.
Divorce forms are available through Indiana Legal Help and the Indiana Judicial Branch Self-Service Legal Center.
Step 2: Service of Process (Days 1-14)
After filing, the petitioner must serve the other spouse with a copy of the petition and summons. Under Indiana Code § 31-15-2-8, this formal legal notice, known as service of process, must be accomplished properly for the case to proceed. Service can be made by:
- Sheriff delivery
- Certified mail
- Private process server
- Acceptance of service (where the respondent voluntarily acknowledges receipt)
Service typically takes one to two weeks, though delays can occur if the respondent is difficult to locate.
Step 3: Response Period (Days 14-30)
Once served, the respondent generally has 30 days to file an answer or other responsive pleading. In an uncontested divorce, the respondent may waive the right to respond if both parties have already reached a settlement agreement. In Indiana, the respondent is not required to file a response to the divorce petition if the parties have already agreed on the issues and submitted their settlement agreement with the petition.
Step 4: The Provisional Period and Temporary Orders
The weeks following filing are referred to as the provisional period. During this time, either party may request a provisional hearing to establish temporary rights and duties. Under Indiana Code § 31-15-4-14, the court can issue provisional orders addressing:
- Temporary child custody and parenting time
- Temporary child support
- Use of the marital home
- Restraining orders on marital assets
These temporary orders remain in effect until the judge enters a final decree.
Step 5: Discovery and Negotiation (Days 30-120+)
Indiana law entitles both parties to exchange information relevant to finances, child custody, and support through a process called discovery. Discovery can include interrogatories, requests for production of documents, depositions, and subpoenas. This phase can add weeks or months to your divorce timeline, particularly in complex cases with significant assets, businesses, or contested custody issues.
During this phase, many couples engage in settlement negotiations, either directly or through their attorneys. Mediation is also a popular option in Indiana, with mediator hourly rates typically ranging from $150 to $300.
Step 6: Settlement or Trial
If both spouses reach a full agreement, they can submit a written settlement agreement and a waiver of final hearing to the court. Under Indiana Code § 31-15-2-13, if 60 days have passed since the petition was filed and the couple is in complete agreement, the court may enter a summary dissolution decree without holding a final hearing.
If the parties cannot agree on all issues, the court will schedule a final hearing or trial. Under Indiana Code § 31-15-2-15, the court considers evidence from both sides and either issues a dissolution decree or, in rare cases, continues the matter and orders the parties to seek reconciliation.
Step 7: Final Decree
The divorce is final when the judge signs the Decree of Dissolution. The decree may include final orders on child custody, child support, parenting time, spousal maintenance, and the division of property and debts. You should not remarry until you have a copy of the signed decree.
Uncontested vs. Contested Divorce: How Timeline Differs
Uncontested Divorce Timeline
An uncontested divorce is the fastest divorce path in Indiana. When both parties agree on all terms, including property division, child custody, support, and any maintenance issues, the case can potentially be finalized shortly after the mandatory 60-day waiting period. Realistically, most uncontested divorces in Indiana wrap up in 60 to 90 days, depending on the court's docket and processing times.
To qualify for the fastest possible resolution, both spouses must:
- Agree on all terms of the dissolution
- Sign a comprehensive settlement agreement
- Sign a waiver of final hearing
- File all required documents with the court after the 60-day waiting period
Contested Divorce Timeline
Contested divorces take significantly longer. When spouses disagree on one or more issues, the case may require extensive discovery, multiple hearings, mediation, and potentially a trial. Contested divorces commonly take six months to a year, and complex high-asset cases or cases with intense custody disputes can take multiple years to resolve.
Factors that extend the divorce duration include:
- Disputes over the division of marital property
- Child custody and parenting time disagreements
- Spousal maintenance (alimony) disputes
- Business valuations and complex asset appraisals
- Need for a guardian ad litem or custody evaluation
- One or both parties being uncooperative or difficult to locate
Bifurcated Divorce
Indiana Code § 31-15-2-14 permits bifurcated divorces, where the court can finalize the dissolution itself while reserving contested issues (like property division or custody) for later resolution. However, many Indiana courts will not grant a bifurcated divorce without the agreement of both parties, and some courts decline to bifurcate at all when children are involved.
Property Division in Indiana
Indiana follows an equitable distribution model for dividing marital property. Under Indiana Code § 31-15-7-5, the court presumes an equal division of the marital estate but may deviate from this when an equal split would not be "just and reasonable." Unlike many states, Indiana uses a "one pot" approach, meaning nearly all property owned by either spouse, including assets acquired before the marriage, may be subject to division. However, courts can consider factors like gifted, inherited, and premarital property when deviating from the presumptive equal split.
The complexity of property division is one of the biggest factors in how long does divorce take in Indiana. Cases involving business valuations, pension division, real estate appraisals, or hidden assets take considerably longer than straightforward cases.
Spousal Maintenance in Indiana
Indiana does not have traditional alimony. Instead, Indiana Code § 31-15-7-2 provides for spousal maintenance under limited circumstances:
- A spouse is physically or mentally incapacitated to the point of being unable to support themselves
- A spouse lacks sufficient property or income to provide for their needs during a period of rehabilitative training or education (limited to three years)
- The terms were specified in a prenuptial agreement
Because spousal maintenance is narrowly available, it does not typically cause significant delays in the divorce timeline.
Child Custody and Support Considerations
When minor children are involved, Indiana courts must address custody, parenting time, and child support, which can add time to the process.
Custody decisions are made based on the best interests of the child under Indiana Code § 31-17-2-8, considering factors such as the age of the child, the wishes of the parents and child, the relationship between the child and each parent, and the adjustment to home, school, and community.
Many Indiana counties require parents going through divorce to attend a parenting class or seminar, and mediation may be mandated before custody disputes can proceed to a hearing.
Effective January 1, 2024, the Indiana Supreme Court adopted significantly modified Child Support Rules and Guidelines to account for cost-of-living changes and to simplify the allocation of uninsured healthcare expenses. The updated guidelines eliminated the previous "6% rule" for unreimbursed medical expenses, now requiring each parent to contribute from dollar one in proportional percentages.
Recent and Proposed Changes to Indiana Divorce Law
Indiana's core divorce statutes have remained largely stable, but several notable developments have occurred:
- Effective January 1, 2024, Indiana updated its Child Support Guidelines with revised weekly support amounts and a redesigned worksheet.
- Effective January 1, 2024, Indiana's Relocation Statute was modified, requiring parents with joint custody who plan to move to follow updated notification procedures.
- In 2025, House Enrolled Act (HEA) 1626 introduced new requirements for the content of custody orders under Indiana Code § 31-17-2-8.2.
- In the 2025 legislative session, House Bill 1684 proposed ending no-fault divorce for couples with children, requiring proof of irretrievable breakdown through witness testimony or other evidence. However, the House voted to withdraw this bill on February 4, 2025.
- Legislative discussions regarding expanding spousal maintenance rights and re-evaluating Indiana's "one pot" property definition continue but are not expected to produce changes in the near term.
As of this writing, Indiana remains a no-fault divorce state, and the 60-day mandatory waiting period is unchanged.
How to Speed Up Your Indiana Divorce
If you want the fastest divorce possible in Indiana, consider these strategies:
- Reach agreement with your spouse on all issues before filing, or as early in the process as possible.
- File the petition promptly once you meet the residency requirements.
- Use acceptance of service to avoid delays in formal service of process.
- Prepare a comprehensive settlement agreement and waiver of final hearing in advance.
- Ensure all financial declarations and required documents are complete and accurate.
- Consider mediation to resolve any remaining disagreements quickly and affordably.
- Work with an experienced Indiana family law attorney who can ensure all paperwork is correct the first time.
Filing Fees and Costs Overview
Here is a summary of typical costs associated with filing for divorce in Indiana:
- Court filing fee: $157 to $177, depending on the county
- Service by sheriff: approximately $28 additional
- Service by certified mail: typically included in the filing fee in some counties
- Attorney fees (uncontested, flat fee): approximately $1,000 to $2,500
- Attorney fees (contested): approximately $2,000 to $20,000 or more, depending on complexity
- Mediation: approximately $150 to $300 per hour
- Custody evaluation or guardian ad litem: several thousand dollars
- Business valuations: several thousand dollars depending on complexity
As of February 2025. Verify with your local clerk, as fees and costs vary by county and change periodically.
Where to File and Helpful Resources
- Indiana Legal Help - Free divorce form packets for cases with or without children, with or without agreement
- Indiana Judicial Branch Self-Service Legal Center - Information and resources for self-represented litigants
- Indiana Judicial Branch Forms - Official court forms including child support worksheets and calculators
- Indiana Code Title 31, Article 15 - Full text of Indiana dissolution of marriage statutes
Frequently Asked Questions
How long does an uncontested divorce take in Indiana?
An uncontested divorce in Indiana takes a minimum of 60 days due to the mandatory waiting period under Indiana Code § 31-15-2-10. If both spouses agree on all issues and submit a signed settlement agreement and waiver of final hearing, the court may enter a summary dissolution decree without a hearing shortly after the 60-day mark. In practice, most uncontested divorces are finalized within 60 to 90 days, though court scheduling and processing can occasionally extend this slightly.
What is the mandatory waiting period for divorce in Indiana?
Indiana imposes a mandatory 60-day waiting period from the date the petition for dissolution of marriage is filed. Under Indiana Code § 31-15-2-10, no final hearing may be conducted earlier than 60 days after filing. This waiting period cannot be waived or shortened, regardless of whether both spouses agree. It applies equally to contested and uncontested cases.
What are the residency requirements to file for divorce in Indiana?
Under Indiana Code § 31-15-2-6, at least one spouse must have been a resident of Indiana (or stationed at a U.S. military installation in Indiana) for at least six months immediately before filing, and a resident of the filing county (or stationed within the county) for at least three months immediately before filing. If these requirements are not met, the court lacks jurisdiction and the petition may be dismissed.
How much does it cost to file for divorce in Indiana?
Divorce filing fees in Indiana typically range from $157 to $177, depending on the county. If you want the sheriff to serve the papers on your spouse, expect an additional fee of approximately $28. Some counties may charge small additional processing fees. If you cannot afford the filing fee, you may file a Verified Motion for Fee Waiver. These figures are as of February 2025. Verify with your local clerk.
Can I get a divorce in Indiana without going to court?
Yes. If you and your spouse agree on all issues and submit the required paperwork, including a signed settlement agreement and a waiver of final hearing, the court may issue a summary dissolution decree under Indiana Code § 31-15-2-13 without either party appearing in person for a final hearing. However, if children are involved, many counties require at least one court appearance and completion of a parenting education program.
Does Indiana require separation before divorce?
No. Unlike some states, Indiana does not require spouses to live separately before filing for divorce. You can file for dissolution of marriage while still living in the same household. The only waiting requirement is the 60-day statutory period after the petition is filed.
How is property divided in an Indiana divorce?
Indiana follows an equitable distribution model under Indiana Code § 31-15-7-5. The court presumes an equal (50/50) division of the marital estate but may deviate when equal division would not be just and reasonable. Indiana uses a "one pot" approach, meaning virtually all property owned by either spouse, whether acquired before or during the marriage, is part of the marital pot. However, the court considers factors such as each spouse's contribution, economic circumstances, whether property was gifted or inherited, tax consequences, and conduct during the marriage when deciding whether to deviate from equal division.
Is alimony available in Indiana?
Traditional alimony is not available in Indiana. Instead, courts may award limited spousal maintenance under Indiana Code § 31-15-7-2 in specific situations: (1) a spouse is physically or mentally incapacitated and unable to support themselves, (2) a spouse needs support during rehabilitative training or education for up to three years, or (3) the terms were specified in a valid prenuptial agreement. Courts may also consider marital misconduct, such as adultery, when making maintenance decisions.
How long does a contested divorce take in Indiana?
Contested divorces in Indiana typically take six months to over a year, and complex cases involving significant assets, business valuations, or intense custody disputes can take two years or longer. The timeline depends on factors such as the number of disputed issues, the need for discovery and expert evaluations, court scheduling, and the willingness of both parties to negotiate. Mediation can help shorten the contested divorce timeline.
What happens if my spouse does not respond to the divorce petition?
If your spouse has been properly served but does not file an answer within 30 days, you may be able to proceed with a default judgment. In this scenario, the court may grant the divorce based on the terms outlined in your petition without the respondent's participation. However, the 60-day mandatory waiting period still applies, and the court will review the proposed terms to ensure they are fair and reasonable, especially regarding any minor children.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. The information reflects Indiana law as of early 2025 and may not account for subsequent legislative or judicial changes. For advice specific to your situation, consult a licensed Indiana family law attorney. Antonio G. Jimenez, Esq. is admitted to the Florida Bar (No. 21022) and provides legal content coverage of Indiana divorce law. Filing fees and court costs referenced herein should be verified directly with your local county clerk's office.