The timeline for a divorce varies depending on several factors, like whether the divorce is contested and the complexity of the issues involved. In this guide, we’ll walk through the key steps in the Indiana divorce process and explain what can speed things up or cause delays. If you need support, the experienced divorce attorneys at Lacy Law Office are here to help.
The Initial Filing
Divorce in Indiana begins when one spouse files a petition for dissolution of marriage with the court. This petition officially starts the divorce process. Once the petition is filed, the other spouse must be served with divorce papers. If both spouses are in agreement and aware of the filing, this step may go quickly. However, if one spouse is difficult to locate or avoids being served, this can delay the start of the process.
Negotiations and Settlement
After the initial filing, most divorces enter a negotiation phase, where spouses try to reach agreements on issues like property division, child custody, child support, and spousal maintenance. If both parties agree on these terms, they can proceed more quickly with the divorce. However, if disputes arise—like disagreements over custody or splitting a family business—negotiations may take longer or require mediation to resolve.
Court Hearings and Trial
If the spouses cannot reach an agreement, the case may go to court. During court hearings, each side presents evidence and arguments, and the judge decides on unresolved issues based on Indiana law. A trial adds significant time to the divorce process, as it requires scheduling with the court and many times multiple hearings.
Factors Affecting the Timeline
Contested vs. Uncontested Divorce
Uncontested divorces (where both spouses agree on all terms) tend to be faster, often finalizing in a few months. Contested divorces, where issues need court resolution, can take much longer, sometimes over a year, due to hearings and legal proceedings.
Residency Requirements
Indiana law requires that at least one spouse has lived in the state for at least six months before filing for divorce and in the county of filing for at least three months. If this requirement isn’t met, you’ll need to wait until residency is established before filing, which can delay the process.
Complexity of Issues
Complex issues, such as high-value assets, business ownership, or disputed custody, add time to the divorce process. These factors require thorough documentation, evaluations, and sometimes expert witnesses, which can prolong the timeline.
The timeline for a divorce depends on each couple’s unique circumstances. Some divorces are resolved in a few months, while others take longer due to contested issues or delays. If you’re considering divorce and want experienced guidance, our team is ready to support you through each step of the process, helping you achieve a fair and timely resolution.
Do You Have Questions About Your Divorce? Reach out to Lacy Law Office Today
We’re here to answer your questions and let you know more about your legal options. Contact Lacy Law Office today for trusted legal guidance from an experienced Indianapolis divorce lawyer. Let us help you through the process with confidence and reach a fair resolution. Schedule your consultation now, call us at (317) 894-1500.