Understanding the timeline of a divorce process is crucial when you're planning the next phase of your life. The attorneys at Dixon & Moseley, PC, have worked with numerous clients going through the emotional and logistical complexities of divorce. Many come to us asking: “How long is this going to take?” While it's not possible to give a definitive answer as every divorce is unique, here is a general timeline based on Indiana state laws and our experience in this field.
The Basics
In Indiana, the law requires that at least 60 days must pass from the date the divorce is filed before the court can issue a final decree. This mandatory waiting period is also known as the “cooling-off” period.
But it's important to note that this is the absolute minimum, and most divorces take longer than 60 days to finalize. Why? Because divorce is more than just the legal dissolution of a marriage – it also involves dividing marital assets and debts, determining child custody and visitation rights, and possibly arranging spousal maintenance.
Uncontested vs. Contested Divorce
The duration of a divorce process largely depends on whether the divorce is contested or uncontested.
- Uncontested Divorce: This is when both parties agree on all aspects of the divorce, including child custody, asset / debt division, and spousal maintenance. In such cases, after the 60-day waiting period, the divorce can be finalized relatively quickly, depending on the judge’s availability. In some cases, this will be within a few days of filing the final agreement.
- Contested Divorce: If disagreements arise about any aspect of the divorce, it becomes a contested divorce. This type of divorce can take much longer, possibly several months to over a year. The timeline depends on the complexity of the issues, the willingness of both parties to negotiate, and the court's calendar.
Key Factors Influencing the Timeline
Children: When children are involved, the process can take longer, as the parties determine parenting time, physical and legal custody, and child support issues. A Guardian ad Litem (GAL) may be requested to assist with recommendations.
Assets: If you have numerous or complex assets, it may take more time to identify, value, and divide these assets fairly.
Court Schedule: The court's schedule is a significant factor. High caseloads can lead to delays in getting your case heard.
Negotiations: If the parties have difficulty reaching an agreement, negotiations can draw out the process.
While it's natural to wish for a swift conclusion to the divorce process, it's essential to take the necessary time to ensure your interests, and those of any children involved, are properly protected. At Dixon & Moseley, PC, we work diligently to strike the balance between efficiency and thoroughness, guiding you every step of the way towards a new chapter in your life.
Remember, divorce is not just an end, but also a new beginning. Ensuring you navigate this process with professional legal guidance can help you transition into your new life phase in the best possible way. If you have more questions or need assistance with your divorce process, feel free to contact our experienced team at Dixon & Moseley, PC at 317-972-8000.
This post was written by members of the Dixon & Moseley, PC team. It is not intended to be legal advice and is for advertising purposes only.
