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Is There a Waiting Period for Divorce in Indianapolis, Indiana?


— April 5, 2023

The timeline for divorces varies by case. The minimum amount of time it will take to settle your divorce in Indianapolis is two months given the waiting period you’re subjected to.


Before a court will even consider a divorce case, parties filing in Indianapolis are required to wait a certain period of time after their petition has been filed. While the waiting period does differ by state, Indiana’s waiting period is currently set at 60 days. This means that once you file your petition, you’ll need to wait 60 days before the court will hear your case.

Within that time period, you’ll be expected to serve your spouse with the divorce paperwork and hopefully draft a settlement agreement that outlines how your assets will be divided, how custody will be split, and who will get alimony (if anyone).

There are divorce lawyers who can help you write up a settlement agreement which can make the process run much smoother and get resolved much quicker.

Why is there a waiting period in divorce cases?

Many states subject divorcing parties to a waiting period for a number of reasons. For starters, the waiting period allows the filer to serve their spouse and gives them time to respond. It’s also used to give couples time to reconcile their differences as some might rush into divorce when they aren’t ready to separate.

Are there any exceptions to Indiana’s 60-day waiting period?

When filing for divorce in Indianapolis, you may be able to waive the 60-day waiting period if you can prove your spouse has been convicted of a crime involving family violence. Although Indianapolis divorce lawyers can help you submit a request to the court asking that the waiting period be waived, it is at the court’s discretion whether your request is granted.

Of course, if you decide to retain Indiana divorce lawyers who can help you gather convincing evidence that supports your request, your chances of having it granted increase.

How long do divorces usually take in Indianapolis?

The timeline for divorces varies by case. The minimum amount of time it will take to settle your divorce in Indianapolis is two months given the waiting period you’re subjected to. However, if, within that time, you and your spouse are unable to agree on the terms of your divorce, then the case will go on for longer.

Old clock face; image by Paul Green, via Unsplash.com.
Old clock face; image by Paul Green, via Unsplash.com.

When a couple is able to establish a reasonable parenting agreement and decide how they want to split up their assets and debts, their case is likely to settle faster as long as the court agrees the arrangements are fair and are in the best interests of the children (given minor kids are involved).

If you’d like to get help with writing up a settlement agreement, we can help you find divorce lawyers in your area who are eager to help you.

Finding a good divorce attorney shouldn’t be difficult

There are plenty of options when it comes to lawyers, but not all are created equal. If you’re looking for help with your divorce, USAttorneys.com will help you narrow down your choices so you’re left with experienced divorce and child custody lawyers to choose from.

Contact us today if you’d like help finding an attorney near you.

Have questions about this article or a legal concern? Call 800-672-3103.

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