Divorce is a major life change that can be emotionally and financially taxing. In Indiana, couples typically proceed through one of two main divorce types: contested or uncontested divorces. Understanding the difference between these approaches is essential for anyone determining whether they want a fast divorce option or need to prepare for divorce litigation due to disagreements on key issues.
In this article, we’ll explore how contested and uncontested divorces work in Indiana, the associated costs and timelines, and how to determine which process best suits your circumstances.
What Is a Contested Divorce in Indiana?
A contested divorce arises when spouses cannot agree on one or more critical issues, such as custody, child support, property division, or spousal maintenance. These disagreements require judicial intervention to reach a final resolution.
When negotiation or mediation fails, the case moves into divorce litigation, where a judge makes the final decision after hearing evidence from both sides. Because these cases are complex, they often involve extensive discovery, expert testimony, and higher legal fees.
Common reasons divorces become contested:
- Disputes over parenting time or custody
- Disagreement on property division or valuation
- Conflicts about spousal maintenance
- Emotional factors and communication breakdowns
Typical timeline: A contested divorce can take several months to years depending on court schedules and the complexity of disputes.
What Is an Uncontested Divorce in Indiana?
An uncontested divorce occurs when both spouses agree on all aspects of the divorce, from asset division to custody and support. This type of divorce is also referred to as a mutual or agreed divorce.
Because there are no disputed matters, uncontested divorces are often the fastest divorce options available in Indiana. Once the Verified Petition for Dissolution of Marriage is filed, the court must wait at least 60 days before entering a decree, in accordance with Indiana law.
Benefits of an uncontested divorce include:
- Faster resolution (sometimes finalized in a few months)
- Lower legal costs (typically around $1,000–$1,500 including filing fees)
- Reduced emotional strain and privacy since few issues are litigated
However, while this path is simpler, it requires full agreement from both spouses on every issue, something that can be difficult even in amicable separations.
Comparing Contested and Uncontested Divorces
| Feature | Contested Divorce | Uncontested Divorce |
| Definition | Disagreement requiring court or trial | Full agreement on all terms |
| Timeline | 6 months to several years | Typically 2–3 months minimum (60-day waiting period) |
| Costs | $2,000–$20,000 or more | Around $1,000 total |
| Court Involvement | Judge decides unresolved issues | Minimal court appearances |
| Emotional Impact | Often higher stress | Generally less contentious |
| Confidentiality | Matters often become public record | Limited filings, more privacy |
Fast Divorce Options in Indiana
While the court mandates a minimum 60-day waiting period, couples can streamline their divorce by:
- Preparing and agreeing on all settlement terms before filing.
- Submitting a complete marital settlement agreement with the petition.
- Choosing mediation early to resolve issues quickly.
Working with an experienced Indiana family law attorney can ensure all documents are properly prepared and prevent delays caused by incomplete filings.
When Divorce Litigation Becomes Necessary
When spouses cannot reach an agreement even with mediation, divorce litigation becomes unavoidable. This process involves presenting evidence, witnesses, and arguments before a judge. While it can feel overwhelming, litigation protects your rights in disputed divorces involving complex property or custody issues.
Key stages include:
- Discovery: Gathering financial and custody-related evidence.
- Mediation or Pretrial Conferences: Attempts to settle before trial.
- Final Hearing: Judge determines the outcome based on the law and evidence.
Experienced trial counsel plays a vital role in developing persuasive arguments and ensuring compliance with Indiana procedural rules.
Choosing the Right Path: Which Is Best for You?
The ideal choice depends on your situation:
- Uncontested Divorce: Best for couples seeking a fast, cost-effective resolution with minimal court involvement.
- Contested Divorce: Necessary when disagreement persists on child-related matters or property division.
In both cases, working collaboratively and seeking strategic legal guidance helps protect your long-term interests.
How Ciyou & Associates, P.C. Can Help
At Ciyou & Associates, P.C., our attorneys understand that each divorce is unique. We help clients evaluate whether an uncontested filing is feasible or if more strategic planning is required for a contested case. Our team provides:
- Skilled negotiation and mediation services
- Strong trial advocacy for contested matters
- Guidance on fast divorce options and dispute resolution
Whether you need an efficient solution or aggressive representation in court, we bring decades of experience in family law and appellate litigation to protect what matters most.
Frequently Asked Questions
- How long does a divorce take in Indiana?
An uncontested divorce can finalize in as little as 60–90 days, while a contested divorce may extend several months or longer depending on disputes and docket availability. - Can I represent myself in a divorce?
Yes, but Indiana divorces involve complex legal and procedural requirements. Having legal counsel helps prevent mistakes that can delay or jeopardize your outcome. - What happens if only one spouse wants the divorce?
Indiana is a no-fault divorce state. If one spouse files based on an irretrievable breakdown, the court will grant the divorce even if the other objects. - Is mediation required in Indiana divorces?
While not mandatory, courts often encourage mediation to resolve disputes before trial, especially in cases involving children.
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This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
