Planning Your Timeline: How Long Divorce Takes in Indiana from Petition to Decree

When you're facing divorce in Indiana, one of the most pressing questions is: "How long will this take?" Understanding Indiana's divorce timeline is essential for planning your financial future, making housing decisions, and preparing emotionally for what lies ahead. Whether you're pursuing an uncontested "agreed dissolution" or preparing for a contested case, knowing what to expect at each stage helps you navigate the process with confidence. To get started, review our comprehensive guide to understanding the divorce process.

Indiana's divorce timelines are governed by a strict mandatory 60-day waiting period, combined with procedural requirements that vary significantly depending on whether your case is agreed upon or disputed. This comprehensive guide breaks down every phase of the Indiana divorce timeline—from filing your verified petition to receiving your final decree—so you can plan accordingly and avoid costly surprises.

Indiana's Mandatory 60-Day Waiting Period: The Foundation of Every Timeline

Indiana law imposes an absolute minimum 60-day waiting period before any divorce can be finalized. According to Indiana Trial Rule 6(F) and Indiana Code § 31-15-2-13, no court may try, hear, or enter a final decree in any dissolution case until at least 60 days have passed from the date the petition was filed (or from the first publication notice for nonresident respondents).

This mandatory "cooling-off period" serves multiple purposes:

• Reduces court congestion and frivolous filings based on temporary anger
• Gives both parties time to consider reconciliation
• Allows time for negotiation, discovery, and settlement discussions
• Provides breathing room for temporary orders to be established and tested

Uncontested Divorce Timeline: 2-4 Months (Summary Dissolution Decree)

An uncontested divorce in Indiana—also called an "agreed dissolution"—occurs when you and your spouse reach complete agreement on all issues: property division, debt allocation, spousal maintenance (if any), and, if you have children, custody (now called "legal custody" and "parenting time"), and child support. When both parties cooperate, Indiana offers a streamlined "summary dissolution decree" process that avoids a final hearing.

Typical uncontested divorce timeline: 60-120 days (2-4 months), depending on court processing time and how quickly you complete all required paperwork.

Step-by-Step Uncontested Divorce Timeline

Day 0: Filing the Verified Petition

You file a Verified Petition for Dissolution of Marriage with the clerk of the Indiana Circuit Court or Superior Court in your county. Indiana requires at least one spouse to have been a resident of Indiana for six months and a resident of the filing county for three months before filing, per IC § 31-15-2-6.

Along with the Verified Petition, you'll file:

• Appearance form (identifying yourself as party and/or attorney)
• Civil Appearance (Confidential) form (with Social Security numbers)
• Summons (for service on your spouse)
• Proposed settlement agreement/marital dissolution agreement
• If children: Child Support Obligation Worksheet (CSOW), parenting time schedules, and other child-related disclosures

Filing fee: Approximately $177 in most Indiana counties (Monroe County, Shelby County, Floyd County all list $177 as of 2024-2025). Sheriff service adds about $28 if requested, or you can use certified mail service.

Days 1-21: Service of Process

After filing, you must serve your spouse with a copy of the petition and summons. Indiana Trial Rule 4.1 allows service by certified mail with return receipt, personal service via sheriff or process server, or in uncontested cases, your spouse can sign a "Spouse's Waiver of Service" form provided in the Indiana Legal Help packets.

Days 30-60: Agreement and Document Preparation

In an uncontested case, you've (ideally) already negotiated and signed your settlement agreement before filing or shortly after. During this waiting period, you'll finalize all required documents:

• Marital Settlement Agreement: Comprehensive document dividing all assets, debts, and if applicable, addressing spousal maintenance
• Verified Waiver of Final Hearing: Both parties sign, confirming you agree to all terms and waive the right to a final hearing
• Child Support Obligation Worksheet: Required if you have minor children; Indiana's online child support calculator helps compute amounts using the Income Shares model (updated May 14, 2024)
• Parenting Time Guidelines compliance: Indiana Parenting Time Guidelines (updated January 1, 2022) set minimum standards for parenting time arrangements

Day 60: Submission for Summary Dissolution Decree

On or after Day 60, you submit your Verified Waiver of Final Hearing and all settlement documents to the court. Under IC § 31-15-2-13, if both parties have signed verified pleadings stating there are no contested issues or you've filed a complete written agreement, the court may enter a summary dissolution decree without holding a final hearing.

Days 65-120: Court Review and Final Decree

The court reviews your paperwork for completeness and legal sufficiency. If everything is in order, the judge signs the dissolution decree. Processing time varies by county and court docket volume—some courts process summary decrees within a week or two, while busy dockets may take 4-8 weeks.

Total uncontested timeline: 60-120 days (2-4 months) from filing to final decree.

Contested Divorce Timeline: 8-12 Months (Or Longer for Complex Cases)

A contested divorce in Indiana occurs when you and your spouse cannot agree on one or more major issues—custody/parenting time, child support, property division, spousal maintenance, or even the grounds for divorce. Contested cases require court intervention through temporary orders, discovery, mediation, pretrial conferences, and potentially trial. If you're weighing your options, learn more about whether litigation or mediation is right for your situation.

Typical contested divorce timeline: 8-12 months, with complex high-asset cases, custody disputes with evaluators, or cases with extensive discovery sometimes extending to 18+ months.

Extended Timeline for Contested Divorce

Months 1-2: Filing, Service, Answer, and Provisional Orders

• File Verified Petition for Dissolution and pay $177 filing fee (plus service costs)
• Serve your spouse; they have 20-30 days (depending on method) to file an Answer or Counter-Petition
• Either party can immediately request provisional (temporary) orders under IC § 31-15-4-1 through -8 for:
  • Temporary child custody and parenting time
  • Temporary child support
  • Temporary spousal maintenance (pendente lite)
  • Exclusive use of marital residence
  • Restraining orders preventing asset dissipation
• Courts must set hearings promptly; certain child-related provisional petitions must be decided within 21 days

Months 2-4: Discovery and Financial Disclosures

During discovery, both sides exchange financial documents and information using Indiana Trial Rules 26-37. Unlike federal court, Indiana doesn't require automatic initial disclosures, but good practice and many local rules effectively mandate early financial transparency.

Common discovery includes:

• Last 3-5 years' tax returns
• Pay stubs, W-2s, 1099s, business financial statements
• Bank account statements (typically 6-12 months)
• Investment and retirement account statements
• Real estate appraisals and mortgage documentation
• Vehicle titles and valuations
• Business valuations (if either spouse owns a business)
• Health insurance documentation

If you have children, both parties must complete the Child Support Obligation Worksheet using Indiana's online calculator and the 2024 Child Support Guidelines.

Months 4-6: Mediation and Settlement Negotiations

While Indiana doesn't mandate mediation statewide by statute, most counties' local rules require mediation in contested family law cases before trial. Indiana's ADR Rules (particularly ADR Rules 1.4 and 2.7) govern mediation procedures.

Mediation is:

• Confidential—mediators report only status (settled/not settled), not substance
• Non-binding—either party can reject proposed settlements
• Often court-ordered with deadlines (e.g., "mediate within 60 days")
• Typically costs split between parties unless court allocates otherwise

Many contested Indiana divorces settle during or after mediation, converting to uncontested final hearings and dramatically shortening remaining timeline.

Months 6-10: Trial Preparation and Final Hearing

If settlement fails, your case proceeds to trial. Trial preparation includes:

• Retaining expert witnesses (appraisers, custody evaluators, vocational experts, forensic accountants)
• Pretrial motions and conferences
• Witness preparation
• Exhibit organization

Indiana family law trials are bench trials (no jury). Trials can last anywhere from a few hours for simpler property disputes to multiple days for complex custody battles or high-asset property divisions involving business valuations.

Months 10-12: Final Decree

After trial, the judge issues a Final Decree of Dissolution, which includes findings of fact, conclusions of law, and orders on all contested issues. Judges may rule from the bench immediately or take the matter under advisement and issue a written decision weeks later.

Total timeline for contested divorces: typically 8-12 months, though practitioner reports from The Indiana Lawyer note that "you're doing really well to get in and out in eight or nine months" for litigated cases. Complex cases can extend to 18+ months.

Special Considerations That Impact Your Timeline

Parenting Education and Local Requirements

Many Indiana counties require divorcing parents with contested custody or parenting time issues to complete parenting education classes. For example, Clark County requires mediation and a parenting seminar/program in pro se (self-represented) divorces with children. These requirements can add 2-4 weeks to your timeline if not completed promptly.

Guardian ad Litem or Custody Evaluations

In high-conflict custody cases, courts may appoint a Guardian ad Litem (GAL) to investigate and make recommendations regarding the child's best interests. Custody evaluations typically take 60-90 days and add significant time and cost to the process.

Service by Publication (Absent Spouse)

If you cannot locate your spouse after diligent search, Indiana Trial Rule 4.13 allows service by publication. The summons must be published three times with spacing of 7-14 days between publications, plus a 30-day response window after the last publication. This adds 60-90 days to your initial timeline.

Military Service Considerations (SCRA)

If your spouse is an active-duty servicemember, federal law (the Servicemembers Civil Relief Act, 50 U.S.C. § 3931) provides protections that can delay proceedings. Courts must appoint counsel and may need to stay (pause) the case if the servicemember requests it and can show that military duties materially affect their ability to participate.

Estimate Your Indiana Divorce Costs

Understanding your divorce timeline is essential, but you also need to budget for the financial costs. Use our free Indiana Divorce Cost Calculator below to estimate your total expenses based on whether your divorce is uncontested or contested, filing fees, mediation costs, and attorney fees.

Note: This calculator provides estimates for planning purposes only. Actual costs vary based on case complexity, whether you hire an attorney, and county-specific requirements. Indiana filing fees are approximately $177 statewide, but additional costs (service, mediation, expert witnesses) vary significantly.

Frequently Asked Questions About Indiana Divorce Timelines

Q: Can the 60-day waiting period be waived in Indiana?
A: Indiana courts rarely waive the mandatory 60-day waiting period. The law is clear that no case may be tried or heard before 60 days from filing (Trial Rule 6(F)). Exceptions exist only in the most extraordinary circumstances and are discretionary. For virtually all divorces, you must wait the full 60 days.

Q: What's the fastest way to get divorced in Indiana?
A: The fastest route is an agreed/uncontested divorce with no minor children where both spouses cooperate fully. If you file with a complete settlement agreement, waive the final hearing, and the court has capacity to review quickly, you can finalize in 60-75 days. With children, expect 70-90 days minimum due to the required Child Support Obligation Worksheet and parenting plan review.

Q: How long after the final decree is my Indiana divorce official?
A: Your divorce is final immediately when the judge signs the Final Decree of Dissolution and the clerk files it with the court. Unlike some states, Indiana has no post-decree waiting period or "absolute" date. You are legally divorced the moment the decree is signed and filed.

Q: What delays an Indiana divorce the most?
A: The most common delays include: contested custody disputes (especially with GAL appointments or custody evaluations), complex property division requiring business valuations or forensic accounting, discovery disputes requiring court intervention, failure to complete parenting education or mediation on time, continuances (rescheduled hearings), and crowded court dockets in urban counties.

Q: Do I need a lawyer for an uncontested divorce in Indiana?
A: No. Indiana provides excellent self-help resources through IndianaLegalHelp.org and the Coalition for Court Access, including complete form packets for agreed divorces with and without children. Many Hoosiers successfully complete uncontested divorces pro se (self-represented). However, even agreed cases benefit from at least a consultation with a family law attorney to ensure your settlement is fair and properly documented.

Conclusion: Planning Your Indiana Divorce Timeline

Understanding Indiana's divorce timeline—from the absolute 60-day minimum to the realities of contested litigation—is essential for making informed decisions about your future. Whether you're facing a 2-month uncontested dissolution or preparing for an 8-12 month contested case, knowing what to expect at each stage helps you plan financially, emotionally, and logistically.

Remember these key Indiana divorce timeline facts:

• 60 days minimum from filing to finalization (absolute requirement)
• Uncontested/agreed divorces: 2-4 months total with summary dissolution decree
• Contested divorces: 8-12 months average, with complex cases extending to 18+ months
• IC § 31-15-2-13 allows waiver of final hearing in agreed cases
• Child Support Obligation Worksheet required for all cases with minor children
• Most counties require mediation in contested cases
• Filing fee approximately $177; service costs add $28 for sheriff service

Ready to take the next step? Read our comprehensive guide on Understanding the Divorce Process to learn about grounds, property division, and custody considerations. Or use our free Divorce Cost Calculator to estimate your total expenses.

Knowledge empowers you during divorce. The more you understand about Indiana's dissolution procedures, waiting periods, and court requirements, the better equipped you'll be to protect your rights, minimize delays, and move forward confidently toward your new chapter.