How Quickly Can a Divorce Go Through in Indiana?
Divorces can be messy. They can turn into nightmares if bitter arguments and financial issues are involved. But don’t be scared! Not all divorces are hard or painful. You can have a smooth divorce process in Indiana if you and your partner are willing to have an uncontested divorce. Uncontested means that you have already worked out your differences, and both of you are willing to have a peaceful, legal separation process.
This article discusses the general divorce process in Indiana. Of course, the time you take to complete the process depends on multiple factors discussed here. If you still have any concerns or questions after reading this guide, please reach out to an experienced divorce lawyer. The best divorce lawyer in Indiana should understand your situation and give you options to have a straightforward process.
Every divorce starts with a petition. The petition is filed by one party who initiates the divorce process. After the application, the Indiana state court requires that the other party also receive a copy of the petition. The petition includes all the essential details about the marriage. These details are the name of the spouses, children, their property, and so on. The petition also includes information on the filing spouse’s proposed resolution to divide property, share custody of any children, and support.
The other spouse should read and understand the petition and sign if they agree to it. Should they disagree with any parts, you can hire a legal representative to guide you on moving forward. The petition process is more straightforward in uncontested cases because both parties have already agreed to divorce. The other party only needs to acknowledge that they have received the petition.
The Waiting Period
All divorce applications in Indiana take at least 60 days to complete. The court won’t sign off on the divorce before this 60 day period is complete. The parties should not take their children out of the state during that period, sell any property, move any money around, or take any action that affects the other person.
Even if both spouses agree about all issues, the court will not sign the divorce decree until the mandatory waiting period is over. Therefore, the fastest one can get a divorce in Indiana is 60 days.
The respondent should answer the petition within the first 30 days. If they don’t respond within 30 days after being served the petition, the petitioner can ask the court to move forward as a default divorce.
If the respondent does respond but contests some parts of the petition, the case would then move to a divorce trial, which could last for several months.
The state of Indiana requires all divorce applicants with children to attend divorce classes. The divorce classes can be taken during the 60 days waiting period. The classes are designed to teach the spouses how to co-parent and handle the children’s needs during the divorce process and after divorce. The classes also educate spouses on handling conflicts involving children and the pros and cons of divorce.
You can either attend the classes offline or online if you don’t have time to travel to the training point. Please note that the divorce classes may vary from one county to another. For instance, spouses in Hamilton and Marion counties must undertake COPE programs (children cope with Divorce Program) while others may not. You can confirm with your lawyer about the classes in your state and their duration.
The Final Divorce Steps
You can move to the final step of getting a divorce after signing and attending the divorce classes. The next step includes the disclosure of assets, liabilities, and finances that the spouses share. There is not much to do in this step if the divorce is uncontested. After all, the spouses have already agreed on how they will share their wealth. They only need to sign a few papers to confirm that they both accept what is written in the documents.
The divorce process ends when both parties sign and the court announces it. If both spouses are in agreement, at the end of the 60 day waiting period, a final hearing will be scheduled. At the final hearing, the judge will review all the documents and sign the divorce decree if everything is in order. After that, either or both the spouses can decide to remarry or move on.
Couples that have disagreements can try to work out their remaining issues during the 60 days through mediation. If mediation doesn’t work, the case will continue through a divorce trial.
The Duration of a Divorce in Indiana
One of the biggest questions you will have before initiating a divorce in Indiana would be, “how long will it take?” Well, divorces in Indiana take anywhere from 60 days to over a year. The duration is dependent on many factors. Here are the main factors affecting the time taken to complete a divorce process in Indiana.
The Level of Conflict
The divorce process takes a shorter time when both parties have agreed on the process. But if there are many conflicts involving property division or children, the process may be extended by several months. Make sure that you agree on the basics with your spouse to shorten the divorce process.
The Value of the Properties
High valued properties tend to involve many conflicts. The lengthy negotiations on who will take care of them extend the entire divorce process.
Do you have children? Is one of the parties unwilling to observe the court orders in terms of the custody? In that case, your divorce may take a longer time. Both parties must agree on child custody or spousal support to shorten the divorce process.
Some spouses are hard to track. Others may not be willing to sign the documents or adhere to the grounds of divorce. In that case, the divorce process may take a more extended period.
Application for Divorce Online Indiana
Did you know that you can conduct divorce over the internet if you have an uncontested case? Online divorce is simple, easy, fast, and affordable. You don’t need to break the bank to carry it out. Provided that you use a reliable company, you can complete your divorce without the need for an attorney.
The internet divorce process is 100% secure. Your names, personal documents, and private information remain confidential. Only the parties involved in the process can see the information, and they cannot reveal it. So don’t stress yourself traveling back and forth when you can complete divorce online. The online divorce company will select and complete all the proper forms for your case based on the information you provide. Good companies can complete all the documents in just a couple of days. So it’s fast and easy. They also give you filing instructions.
If you want to be extra safe that everything is done right, find a reputable lawyer to review the documents before filing. This way, you avoid the costs of full-scope legal assistance but still have the peace of mind that everything is done right.
Indiana is a “no-fault” state. You don’t need to have a reason to initiate a divorce in Indiana other than your marriage just isn’t working. The state gives spouses the freedom to apply for divorce whenever they feel unhappy in their marriages at any time. Neither spouse needs to be blamed by the other person for the failed marriage.
Either spouse can communicate with their private lawyers during the entire divorce process. They can also consult with mediators and other divorce companies, which might give them resourceful information regarding the separation process.
An Experienced Divorce Lawyer Can Help
The divorce process is not always a walk in the park. But thankfully, divorce lawyers are always available to help spouses navigate this trying period. If you are the petitioner, find a reputable lawyer in Indiana to help you file for divorce. You can also find a lawyer if you are the respondent. The best attorney should understand your grounds of divorce and give you an estimate of how long your divorce might take, based on your current situation. The lawyer should also mention the cost of divorce to help you plan well. Just make sure that the lawyer is well experienced and friendly.