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Stand Up For Themselves

We Help Indiana Individuals Stand Up For Themselves

How long does the divorce process take?

Many people going through a divorce want to know how quickly they can start the next chapter of their lives. However, there is not a straightforward answer to this question. The time it takes to get a divorce in Indiana can vary widely. What should you know?

Establishing residency may mean that it takes longer to start the divorce process.

You need to establish residency in Indiana to start the divorce process. This means that you or your spouse must have lived in the state for six months or more before you can begin the divorce process. Additionally, you must file in the county where you or your spouse has lived for at least three months. If you have recently moved to the state, this could mean waiting several months before you can file.

Indiana has a required waiting period.

Indiana law requires a mandatory waiting period of 60 days from the date you serve notice to your spouse. This cooling-off period gives couples a chance to reconsider the divorce, but it also means that your divorce will take at least two months.

What other details could impact the timeline of your divorce?

The details of your situation can make the difference between completing your divorce shortly after the required waiting period, within the nationwide average of about one year or after many months. Some of the factors that can influence the length of your divorce include:

  • Whether the divorce is contested or uncontested: If you and your spouse agree on the divorce terms, you might finish the process soon after the 60-day period. If you disagree on terms, the divorce could take much longer because of negotiations and possible court hearings.
  • Complex issues: Divorces involving complicated issues like high assets, child custody or business ownership can take longer. These cases often need detailed financial reviews, custody evaluations, and long legal arguments.
  • Legal representation: Experienced family law attorneys can speed up the process by negotiating effectively or handling court procedures more efficiently.

Every divorce is different. What might be quick for one couple could be a lengthy process for another. Understanding the factors that affect the timeline of your divorce and preparing for them can help you manage your expectations and reduce stress.