If you are thinking about filing for divorce in Indiana, one of the first questions you probably have is how long the whole process will take. The honest answer depends on many factors, but there is one timeline that applies to every single divorce in the state: Indiana requires a mandatory 60-day waiting period before a court can finalize a divorce. No matter how prepared you are, how cooperative your spouse is, or how simple your situation looks, that window cannot be skipped.
Understanding how this waiting period works, when it begins, and what you can accomplish during those two months can make a real difference in how smoothly your case moves forward. At Ciyou & Associates, P.C., we help Indiana residents navigate divorce from the very first filing through the final decree. This guide walks you through exactly what the law requires and what you should be doing while you wait.
What Is the 60-Day Waiting Period in Indiana?
Indiana Code 31-15-2-10 requires that at least 60 days must pass between the date a petition for dissolution of marriage is filed and the date a court can enter a final decree of dissolution. This is sometimes called a “cooling off” period or a waiting period, and it is designed to give both spouses time to reflect on the decision before the marriage is permanently ended.
The law does not require that both parties agree with the divorce or that both parties participate during that time. The 60-day period runs whether or not the responding spouse ever files a formal response to the petition. It is a hard floor, not a target date. Courts in Indiana cannot issue a final divorce decree before that 60-day window closes, even if both parties agree on every term and everything is ready to sign on day one.
Indiana is considered a no-fault divorce state, which means you do not need to prove your spouse did something wrong to obtain a divorce. The only legal ground required is an “irretrievable breakdown” of the marriage. This makes Indiana more straightforward than some states, but the waiting period remains a non-negotiable part of the process.
When Does the 60-Day Clock Start?
The 60-day period begins on the date the petition for dissolution of marriage is filed with the court, not the date it is served on your spouse and not the date you decided to pursue a divorce. Filing is the official legal act that starts the clock.
Here is why that matters in practice: if you spend several weeks preparing documents, gathering financial records, or meeting with attorneys before you file, those weeks do not count toward the 60 days. The moment the petition is filed and the clerk stamps it, that is day one.
Once the petition is filed, your spouse must be formally served with the divorce papers. Service is required by Indiana law, but even if service is delayed or difficult, the 60-day period continues to run from the original filing date. If service takes three weeks, you still have roughly 39 days left on the waiting period clock, not a full 60 days from the date of service.
What Can Happen During the Waiting Period
The 60-day waiting period is not downtime. In many divorces, it is one of the most active stretches of the entire case. Here is what commonly happens during this window:
- Your spouse responds to the petition. Indiana law gives the responding spouse a set time to file a formal response or counter-petition with the court.
- Temporary orders are requested. Either spouse can ask the court to enter temporary orders covering issues like who stays in the marital home, who pays which bills, and how parenting time is handled while the case is pending.
- Financial disclosures are exchanged. Both parties typically must share documentation about assets, debts, income, and expenses so that division of property can be negotiated fairly.
- Discovery takes place. In contested cases, both sides may request documents, send interrogatories, or take depositions to gather information relevant to disputed issues.
- Negotiations begin. If the divorce is uncontested or the parties are working toward a settlement, the 60-day period is often used to negotiate and draft a settlement agreement covering property, support, and custody if children are involved.
- Mediation may occur. Indiana courts often encourage or require mediation for contested issues, particularly those involving child custody and parenting time.
- Parenting plans are drafted. If you have minor children, Indiana law requires a parenting plan addressing physical custody, legal custody, and parenting time schedules.
- The final hearing is scheduled. Once the 60-day period has passed and the parties have reached an agreement or the court is ready to rule, a final hearing can be set.
Can the 60-Day Waiting Period Be Waived?
No. Indiana courts do not have the authority to waive or shorten the 60-day waiting period. There is no emergency exception, no hardship waiver, and no mechanism for an expedited divorce that bypasses this requirement. Even if both spouses appear in court on day two and agree to everything, the judge cannot sign a final decree until at least 60 days have passed from the filing date.
This is a point of frustration for some people who expected a quick resolution, but it is worth knowing upfront. A small number of states allow divorces to be finalized in as little as a few weeks when parties agree, but Indiana is not one of them.
That said, the 60 days is only the minimum. In practice, many divorces take considerably longer, which is exactly why using the waiting period productively matters so much.
How Long Does Divorce Actually Take in Indiana?
The 60-day waiting period is the floor, but real-world timelines vary widely based on whether the divorce is contested or uncontested, how complex the financial picture is, and how busy the court docket is in your county.
| Type of Divorce | Typical Timeline | Key Factors |
|---|---|---|
| Simple uncontested divorce (no children, minimal assets) | 60 to 90 days | Both parties agree, paperwork is complete, court schedule allows a prompt hearing |
| Uncontested divorce with children | 90 to 180 days | Parenting plan required, court may review custody terms, additional paperwork |
| Contested divorce (property disputes, support disagreements) | 6 to 18 months | Discovery, negotiation, possible mediation, trial scheduling |
| Highly contested divorce (business interests, hidden assets, custody battles) | 18 months or more | Complex financial analysis, expert witnesses, multiple court hearings, appeals possible |
Court scheduling and the specific county where your case is filed also affect timing. Courts in more populous counties may have longer docket wait times than courts in smaller counties. Your attorney can give you a realistic estimate based on where your case is filed and the specific facts involved.
If your case involves an appeal at any stage, timelines can extend further. The attorneys at Ciyou & Associates handle appellate matters in Indiana as well, and we understand how important it is to plan for every stage of a case.
What You Should Do During the Waiting Period
Two months can feel like a long time when you are in the middle of a divorce. But it is also an opportunity to lay the groundwork for the best possible outcome. Here is how to use that time well:
Gather and organize your financial documents. Collect tax returns, bank statements, mortgage documents, retirement account statements, pay stubs, and any other financial records relevant to your marriage. The more organized you are, the smoother negotiations will go.
Open individual accounts. If you do not already have bank and credit accounts in your name only, now is a good time to establish them. Work with your attorney before moving or transferring any jointly held funds.
Do not make major financial moves without guidance. Selling assets, emptying accounts, or taking on significant new debt during the pendency of a divorce can create serious legal problems. Indiana courts frown on dissipation of marital assets.
Focus on your children. If you have kids, do your best to keep their lives stable. Avoid making negative comments about your spouse in front of them. Courts in Indiana consider the best interests of the child in every custody decision, and your behavior during the pendency of the case can matter.
Work with your attorney on settlement options. The more issues you can resolve by agreement, the faster and less expensive the final resolution will be. Your attorney can help you evaluate any proposed terms and understand what a court might do if the matter went to trial.
Take care of yourself. Divorce is stressful by any measure. Build in support from friends, family, or a counselor. Being in a stable place emotionally makes it easier to make sound decisions throughout the process.
Frequently Asked Questions
Does the 60-day waiting period apply to legal separation too?
The 60-day mandatory waiting period applies specifically to petitions for dissolution of marriage. Legal separation in Indiana follows a different process and different statutory requirements. If you are considering legal separation as an alternative to divorce, speaking with a family law attorney about your specific goals will help you understand how timelines and procedures differ.
What if my spouse and I agree on everything? Can we finalize faster?
Even in a fully agreed, uncontested divorce where both parties have signed a settlement agreement and the parenting plan is complete, Indiana law does not allow a court to enter a final decree before 60 days have passed from the filing date. The waiting period is a statutory requirement, not a scheduling issue. The good news is that if you do have everything agreed upon and paperwork ready, the final hearing can often be scheduled to occur very shortly after the 60-day window closes.
Does Indiana have a residency requirement for filing divorce?
Yes. At least one spouse must have been a resident of Indiana for at least six months and a resident of the county where the petition is filed for at least three months immediately before the filing date. The residency requirement is separate from the 60-day waiting period and must be satisfied before the court has jurisdiction to hear the case.
Can I date or remarry during the waiting period?
Dating during the pendency of a divorce is legally permitted in Indiana, but it can sometimes complicate matters depending on your circumstances, particularly in cases involving children or disputes over marital conduct. You cannot remarry until the final decree is entered. Once the court issues the final dissolution decree, the marriage is legally ended and remarriage is permitted.
What happens if my spouse refuses to participate in the divorce process?
Indiana allows for a divorce to proceed even if one spouse refuses to respond or participate. If your spouse does not respond to the petition within the time allowed by law, you may be able to seek a default judgment. The case still must satisfy the 60-day waiting period before any final decree can be entered, but an uncooperative spouse does not indefinitely delay a divorce in Indiana.
Does a divorce involving children always take longer?
Divorces involving minor children generally do take longer than those without, primarily because Indiana courts must review and approve any parenting plan and custody arrangement, and judges want to make sure the agreement serves the best interests of the children. In a contested custody case, additional time may be required for evaluations, mediation, or a custody hearing. If you and your spouse can agree on a parenting plan early in the process, it significantly reduces the time and cost involved.
Citations
- Indiana Code 31-15-2-10, Mandatory Waiting Period for Dissolution of Marriage. https://iga.in.gov/laws/2024/ic/titles/31#31-15-2-10
- Indiana Code 31-15-2-6, Grounds for Dissolution of Marriage. https://iga.in.gov/laws/2024/ic/titles/31#31-15-2-6
- Indiana Code 31-15-2-5, Residency Requirements. https://iga.in.gov/laws/2024/ic/titles/31#31-15-2-5
- Indiana Judicial Branch, Family Law Resources. https://www.in.gov/courts/selfservice/family/
Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Ciyou & Associates, P.C. Every divorce case is unique, and Indiana family law involves nuances that require individualized legal guidance. If you are facing a divorce or any other family law matter in Indiana, please consult a licensed Indiana attorney to discuss your specific situation. The information in this post reflects general legal principles and may not account for recent changes in the law or county-specific court practices.
