An uncontested divorce in Indiana can save you time, money and stress. But signing a settlement agreement before you understand your rights could cost you far more in the long run.
Meet Indiana’s residency requirements first
Before you file, you must satisfy two residency thresholds under Indiana Code § 31-15-2-6. You or your spouse must have lived in Indiana for at least six months. You must also have lived in your filing county for at least three months. If you do not meet both requirements, the court cannot accept your petition.
How the 60-day waiting period works
Indiana law sets a firm cooling-off period before any divorce can be finalized. Under Indiana Code § 31-15-2-10, a judge cannot enter a final decree until at least 60 days have passed since you filed your petition. Both spouses can use this window to negotiate the terms of a settlement agreement. You cannot waive this period.
What your settlement agreement must cover
Your written agreement needs to resolve every major issue. Leaving any item open means a judge must step in and decide it for you. Your agreement should address the following:
- Property and debts: Indiana follows equitable distribution so assets and debts are divided fairly.
- Retirement accounts: Division may require a Qualified Domestic Relations Order, which adds complexity and cost
- Child custody and support: Your parenting plan must cover legal custody, physical custody and a support amount that meets Indiana’s child support guidelines
- Spousal maintenance: Indiana courts rarely award long-term maintenance unless a spouse has a physical or mental incapacity or cares for a disabled child
Courts will not approve a child support amount below guideline levels, even if both spouses agree.
How to skip the final hearing
Indiana law allows couples to bypass an in-person court appearance entirely. Under Indiana Code § 31-15-2-13, a judge may grant a Summary Dissolution Decree without a hearing if both spouses submit signed, verified pleadings and a written Waiver of Final Hearing. The judge reviews your agreement and signs the decree if everything is in order.
Talk to an attorney before you finalize anything
An uncontested divorce may look straightforward, but a single overlooked detail in your agreement can affect your finances for years. An attorney can help you understand your options before you sign.