Uncontested vs Contested Divorce in Indiana

When facing divorce in Indiana, your choice between an uncontested and contested path shapes everything from your timeline to your financial future. Understanding the difference between an Indiana uncontested divorce (using the summary dissolution process) and a contested divorce helps you make informed decisions—and Indiana's 60-day waiting period applies to both paths. Knowing how to save money on divorce can help you minimize costs regardless of which path you choose.

Understanding the Two Paths

An uncontested divorce in Indiana uses the summary dissolution decree process under IC 31-15-2-13. Both spouses file verified pleadings, waive the final hearing, and submit a written agreement resolving all issues—property division, maintenance, child custody, and child support. The court can then enter a decree without holding a hearing.

A contested divorce follows the traditional litigation path. One spouse files a petition, serves the other, and the Circuit or Superior Court manages disputed issues through discovery, mediation, and potentially trial. Even contested cases often settle before reaching a final hearing.

Both tracks use Indiana's no-fault ground: "irretrievable breakdown of the marriage." Other grounds exist (felony conviction, impotence, incurable insanity) but are rarely used because they add complexity without meaningful benefit in most cases.

All divorces are filed in the Circuit or Superior Court of the county where either spouse meets the residency requirements: six months in Indiana and three months in the filing county.

Cost Comparison: What You'll Actually Pay

The financial difference between uncontested and contested divorces in Indiana can be substantial—often determining whether you emerge from your divorce financially stable or facing significant debt.

Uncontested Divorce Costs in Indiana

Court filing fee: approximately $177 (varies by county)
Sheriff service: approximately $28 (if spouse doesn't waive service)
DIY option: approximately $177-$300 total
With attorney review: $1,000-$2,500
Total typical range: $177-$2,500

Many couples complete uncontested divorces for just the filing fee using Indiana Legal Help form packets. An Affidavit of Indigency is available for those who cannot afford fees.

Contested Divorce Costs in Indiana

Filing fee: approximately $177
Service of process: $28-$100
Attorney hourly fees: $200-$350 per hour
Mediation costs: varies by county and provider
Expert witnesses: $2,000-$10,000+
Total typical range: $5,000-$25,000+

High-conflict divorces involving substantial assets or custody disputes can exceed $50,000. Indiana uses a "one-pot" approach to property division with a presumption of equal (50/50) division, though courts can deviate based on statutory factors. For a comprehensive comparison of different approaches to resolving divorce disputes, explore our analysis of divorce battle or mediation cost.

Estimate Your Indiana Divorce Costs

Use our interactive calculator to estimate costs for your specific situation. Adjust the inputs to see how different factors affect your total expenses.

Divorce Cost Calculator

Get a personalized estimate of your potential divorce costs based on your situation and location

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Cost Breakdown

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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Timeline Comparison: How Long Will This Take?

Uncontested Divorce Timeline in Indiana

Residency requirement: 6 months in Indiana, 3 months in county
Mandatory waiting period: 60 days from filing
Submit waiver and agreement on/after day 60
Court processing: 1-4 weeks after submission
Typical total duration: 60-120 days from filing

Indiana's 60-day "cooling-off" period is set by Trial Rule 6(F). No case can be tried or heard before this period expires. Once you submit your verified waiver and settlement agreement, court processing time depends on local docket volume.

Contested Divorce Timeline in Indiana

Same residency requirements
60-day minimum before any hearing
Discovery and financial disclosure: 2-4 months
Mediation (often court-ordered): 1-2 months
Trial preparation and hearing: 2-6 months
Typical total duration: 8-12+ months

Contested Indiana divorces commonly take 8-12 months, though complex cases with custody disputes or business valuations can extend beyond a year. Many counties require mediation in contested family cases before trial.

Making the Right Choice for Your Situation

The decision between uncontested and contested divorce isn't always entirely within your control—if your spouse refuses to negotiate or hides financial information, you may have no choice but to pursue contested litigation.

Summary dissolution works best when:

Both spouses agree on all terms before filing
You can create a complete written settlement agreement
Property and debt division is fair to both parties
You agree on a parenting plan for any children
No domestic violence or safety concerns exist
Both spouses will sign verified pleadings and waive the hearing

Contested divorce may be necessary when:

Your spouse refuses to negotiate in good faith
Significant assets require expert valuation
One spouse has hidden or dissipated marital assets
Serious disagreements exist about custody arrangements
Domestic violence affects parenting decisions
You need provisional (temporary) orders while working toward agreement

Indiana's courts provide extensive self-help resources through Indiana Legal Help, though consulting with an attorney is advisable for cases involving children or significant assets.

Your Next Steps

Whether your Indiana divorce will use the summary dissolution or contested track, taking action now puts you in a stronger position. Start by organizing your financial documents: tax returns, bank statements, retirement account statements, and records of debts.

Use our Indiana Divorce Cost Calculator above to estimate what your divorce might cost. This planning tool helps you prepare financially for the months ahead.

Consider consulting with an Indiana family law attorney even if you expect an uncontested divorce. An attorney can review your settlement agreement to ensure it protects your interests. For contested divorces, legal representation is essential to navigate the Circuit or Superior Court system.

The path you take through divorce—summary dissolution or contested litigation—significantly shapes your experience and your future. By understanding the differences in cost, timeline, and process, you can make informed decisions that serve your long-term well-being.

Legal Disclaimer: This article provides general information about Indiana divorce law and should not be construed as legal advice. Divorce laws and procedures can be complex. For advice specific to your situation, consult with a qualified Indiana family law attorney. The costs and timelines mentioned are estimates and may vary significantly based on individual circumstances.

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