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  5. I am Getting Divorced in Indiana. How Long is This Going to Take?

I am Getting Divorced in Indiana. How Long is This Going to Take?

On Behalf of Dixon & Moseley, P.C. | Jul 18, 2023 | Uncategorized

Understanding the timeline of a divorce process is crucial when you’re planning the next phase of your life. The attorneys at Dixon & Moseley, PC, have worked with numerous clients going through the emotional and logistical complexities of divorce. Many come to us asking: “How long is this going to take?” While it’s not possible to give a definitive answer as every divorce is unique, here is a general timeline based on Indiana state laws and our experience in this field.

The Basics

In Indiana, the law requires that at least 60 days must pass from the date the divorce is filed before the court can issue a final decree. This mandatory waiting period is also known as the “cooling-off” period.

But it’s important to note that this is the absolute minimum, and most divorces take longer than 60 days to finalize. Why? Because divorce is more than just the legal dissolution of a marriage – it also involves dividing marital assets and debts, determining child custody and visitation rights, and possibly arranging spousal maintenance.

Uncontested vs. Contested Divorce

The duration of a divorce process largely depends on whether the divorce is contested or uncontested.

  • Uncontested Divorce: This is when both parties agree on all aspects of the divorce, including child custody, asset / debt division, and spousal maintenance. In such cases, after the 60-day waiting period, the divorce can be finalized relatively quickly, depending on the judge’s availability.  In some cases, this will be within a few days of filing the final agreement.
  • Contested Divorce: If disagreements arise about any aspect of the divorce, it becomes a contested divorce. This type of divorce can take much longer, possibly several months to over a year. The timeline depends on the complexity of the issues, the willingness of both parties to negotiate, and the court’s calendar.
  • Key Factors Influencing the Timeline

    Children: When children are involved, the process can take longer, as the parties determine parenting time, physical and legal custody, and child support issues.  A Guardian ad Litem (GAL) may be requested to assist with recommendations.

    Assets: If you have numerous or complex assets, it may take more time to identify, value, and divide these assets fairly.

    Court Schedule: The court’s schedule is a significant factor. High caseloads can lead to delays in getting your case heard.

    Negotiations: If the parties have difficulty reaching an agreement, negotiations can draw out the process.

    While it’s natural to wish for a swift conclusion to the divorce process, it’s essential to take the necessary time to ensure your interests, and those of any children involved, are properly protected. At Dixon & Moseley, PC, we work diligently to strike the balance between efficiency and thoroughness, guiding you every step of the way towards a new chapter in your life.

    Remember, divorce is not just an end, but also a new beginning. Ensuring you navigate this process with professional legal guidance can help you transition into your new life phase in the best possible way. If you have more questions or need assistance with your divorce process, feel free to contact our experienced team at Dixon & Moseley, PC at 317-972-8000.

    This post was written by members of the Dixon & Moseley, PC team.  It is not intended to be legal advice and is for advertising purposes only.

    What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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