- What is an uncontested divorce?
- Eligibility requirements
- Typical timeline
- Basic steps
- What if you can’t agree on all terms?
- How much does it cost?
- Required parenting classes
- References
If you’re getting divorced in Indiana, chances are you’d like to avoid a long, drawn-out divorce process. If your divorce is uncontested – you and your spouse agree or are working to agree on all divorce settlement terms, including what to do with shared property and how to handle custody and support payments – you may be able to finish your divorce without the assistance of a lawyer, which automatically shortens the process (and lowers the cost).
What is an uncontested divorce?
An uncontested divorce occurs when both spouses mutually agree on all major aspects of their separation, including property division, child custody, and support arrangements, thereby avoiding court intervention. This approach typically results in a more straightforward, less stressful, and cost-effective process compared to a contested divorce.
Uncontested divorce is the fastest route to divorce in Indiana and couples are eligible, with or without children, as long as they can come to agreements on all terms in their settlements without going to court. The following steps are involved:
- File the petition
- Serve your spouse
- Negotiate with your spouse
- Draft a marital settlement agreement
- Attend a court hearing
Not all couples qualify for an uncontested divorce, but many do. Let’s take a closer look.
Uncontested divorce eligibility requirements
If your divorce case is not a complex one, it is quite possible to handle it by yourself or with professional help from an online divorce platform like Hello Divorce. But first, determine if you meet the requirements. To be eligible for an uncontested divorce in Indiana, the following criteria must be met:
1. Residency requirements:
The state’s residency requirements aren’t optional. If you don’t meet them, you must wait to file for divorce until you do.
- At least one spouse must have lived in Indiana for a minimum of six months prior to filing.
- Additionally, one spouse must have lived in the county where the divorce is filed for at least 90 days.
How do you prove residency? Documents like your driver’s license, vehicle registration, voter registration card, and filed tax documents could help you establish residency with the courts.
2. Mutual agreement:
Both spouses must agree that the marriage has suffered an irretrievable breakdown, aligning with Indiana's no-fault divorce grounds.
3. Agreement on key issues:
Both parties must reach an agreement on all pertinent matters, including:
- Division of property and debts.
- If you share children: child custody, visitation rights, and child support.
- Spousal support or alimony, if relevant.
Meeting these conditions allows couples to pursue an uncontested divorce, which is typically more streamlined and cost-effective than a contested divorce.
How to proceed with an uncontested divorce
The following forms are for couples who want an uncontested divorce in Indiana. Remember, this means that you and your spouse agree on all aspects of your marital settlement agreement, from how your property (including your home) will be split to who has custody of any children and the details about child support and spousal support.
Check out the form that applies to your situation:
If you and your spouse agree on almost everything but are faced with a few sticking points, you may still be able to get an uncontested divorce without a lawyer. How? Hire and work with a divorce mediator – a trained impartial professional who can help you negotiate a fair compromise.
Typical timeline of an uncontested divorce in Indiana
The minimum duration for completing an uncontested divorce in Indiana is approximately 61 days. However, actual timelines can vary based on court schedules and any administrative delays. The process follows this timeline:
- Filing the petition: One spouse submits a petition for dissolution of marriage to the appropriate court.
- Mandatory waiting period: Indiana law mandates a 60-day waiting period from the date of filing before a divorce can be finalized.
- Finalization: After the waiting period, the court reviews the case. If all paperwork is in order and both parties remain in agreement, the court can issue the final divorce decree.
Steps of uncontested divorce in Indiana
After you find the right forms (see the bullet points above), print and sign them. Your local court requires that you make two copies (three total).
Then, visit your local courthouse to file your petition. The Petitioner must file their papers in the county where at least one member of the couple has lived for at least three months. View the Directory of the Courts and Clerks in Indiana.
Or, if you choose, you can electronically file your document. Be sure to read this statewide E-filing User Guide first.
Step 1: Filing and serving
Filing the petition
Hand-deliver or e-file your divorce petition to the appropriate channel. If you’re unsure where to go or how to e-file, review the information above.
Be prepared to pay a filing fee when you file. In Indiana, the filing fee varies by county but is generally under $200. If the fee poses a hardship for you, check out this website to see if you can get the fee waived.
Serving your spouse
Unless your spouse waives formal legal service, the Petition must be formally and legally served on them, even if they already know about the divorce. You can do this in one of several ways.
Hire a professional process server to deliver the papers
Indiana law allows you to hire someone to deliver (or serve) documents to your spouse. This person can give the documents to your ex personally, or the server can send the documents to your spouse via registered or certified mail.
Hire a sheriff’s deputy
Local sheriff’s departments can deliver paperwork to your spouse, and in counties like Marion, the sheriff can handle this task for as little as $28. The server will hand the documents to your spouse in this method, ensuring that your ex is aware of the case.
Deliver by hand
In a collaborative divorce, your spouse knows the split is coming and agrees it’s a good idea. In these situations, you can hand your ex copies of the documents you’ve filed and ask your spouse to complete a Verified Waiver of Service form in front of a notary. That signed document must be filed with the court.
This process allows you to work with your spouse without hiring anyone to serve documents. Don’t try it unless you’re sure your spouse will sign and file the document.
Step 2: Negotiation with spouse
Now that your divorce process has formally started, it’s time to negotiate the terms of your marital settlement agreement with your spouse, if you haven’t done so already.
As mentioned, the primary issues you must agree upon to qualify for an uncontested divorce are property division, child custody, and whether spousal maintenance (alimony) is to be paid.
Overview: how to negotiate and draft a marital settlement agreement
Negotiating and drafting a Marital Settlement Agreement (MSA) involves several important steps to ensure a fair and legally binding resolution:
- Preparation & information gathering: Both spouses fully disclose their assets, debts, income, and expenses to create a clear financial picture.
- Negotiation: Discussions focus on key issues, including property division, debt allocation, spousal support, child custody, visitation, and child support. Mediation or legal counsel can help you reach fair agreements.
- Drafting the agreement: The MSA should outline all agreed-upon terms in clear, legally enforceable language. It must comply with state laws.
- Review & finalization: Each spouse reviews the document carefully before signing.
- Court approval: The signed MSA is submitted to the court and is incorporated into the final divorce decree, making it legally binding.
A well-drafted MSA helps avoid future disputes and ensures a smoother post-divorce transition.
Hello Divorce offers a free downloadable checklist, What to Include in Your Marital Settlement Agreement, to help you stay on track during your negotiation. Want to make it even easier? Use our court-approved MSA Generator Online Tool.
We also provide flat-rate hourly sessions with a certified divorce mediator to those who request it. A divorce mediator can help you resolve conflicts about your settlement agreement by facilitating peaceful negotiation.
Submit your proposed marital settlement agreement
Sixty days after you file your Petition, you can file your next set of Indiana divorce forms, also found in the packet linked to above. These include:
- Waiver of Final Hearing (assuming you both agree to waive this hearing)
- Settlement Agreement and Decree of Dissolution of Marriage
In addition, you must file financial disclosures.
Depending on your situation, you may also need to file the following:
- Child Support Obligation worksheet (if you have children) and proof of income (pay stubs, tax returns)
- Parenting Time worksheet and parenting plan
Step 3: Finalizing the uncontested divorce
Mandatory waiting period
All divorces in Indiana are subject to a 60-day waiting period, also sometimes called a “cooling off period.” During this time, the court cannot finalize your divorce even if you and your spouse agree on everything.
Court hearing
If you and your spouse agree to skip the court hearing, you may be able to do so by signing a Verified Waiver of Final Hearing (found in the divorce packet at the link above). The judge will review your proposed marital settlement agreement and determine whether they approve of it. If they do, they may sign off on it without you having to set foot in a courtroom.
Note: In some cases, you may still have to attend a hearing. For example, if one of you requests temporary orders, you must attend a provisional hearing.
What if you can’t agree on all terms?
Mediation can be a valuable tool in uncontested divorces by helping spouses reach mutually agreeable solutions while avoiding costly and time-consuming court battles. In Indiana, mediation involves a neutral third-party mediator who facilitates discussions and negotiations between both spouses to resolve any remaining disagreements.
How mediation helps in an uncontested divorce
- Clarifies disputed issues: Minor disagreements may arise regarding property division, spousal support, or parenting plans. Mediation helps resolve these issues amicably.
- Reduces conflict and stress: A structured, guided discussion promotes cooperation and prevents disputes from escalating into a contested divorce.
- Saves time and money: Mediation is typically quicker and more affordable than litigation.
- Encourages fair solutions: Spouses can craft customized agreements that reflect their unique circumstances, rather than relying on a judge’s decision.
- Improves co-parenting relationships: For divorcing parents, mediation fosters better communication, making it easier to co-parent effectively after the divorce.
How much does it cost to get divorced in Indiana?
A filing fee is charged when you submit your Petition for the dissolution of your marriage. The cost varies by county but is generally less than $200. This comparison table shows you the difference in prices in several Indiana counties:
|
|
Filing Fee |
|
$177 |
|
|
$177 |
|
|
$157 |
|
|
$177 |
|
|
$157 |
If you can’t afford these costs, you can ask the court to waive them. You must fill out a General Fee Waiver form and turn it in to the courthouse. Prepare for many questions about your income, benefits received, and people living with you. The courts will review the documents. If you’re approved, you’re not required to pay a filing fee.
If you hire a divorce lawyer to represent you in court, you can expect to pay a lot more than that. Many lawyers charge upfront retainer fees of several thousand dollars. Hourly rates for lawyers range from $150 to $500, and lawyers charge for even small increments of time, including the minutes they might spend reading your email or talking to you on the phone.
If you opt for Hello Divorce’s flat-rate divorce plans, the cost is much lower. In Indiana, we now offer our most popular online divorce plan – the Pro Plan – for a flat rate of $1,500. You answer a series of questions, and we fill out and file your divorce forms for you. You can read more about the Pro plan here.
Do I have to take a parenting class?
In some cases, yes, the state of Indiana requires parents to take a class. Another requirement the state may impose is pre-divorce counseling. While some of our clients find these governmental programs helpful, others find them a bit of a bother. If you’re in the second camp, our best advice is to view it as just another hoop to jump through to get what you really want: a finalized divorce and the chance to begin the next exciting chapter of your life.
References
Dissolution of Marriage. Allen Superior Court, Allen County, Indiana.
Determination of Residence for Individuals Leaving Indiana for Employment in a Foreign Country. (October 2022). Indiana Department of Revenue.
Filing Fees as of July 1, 2021. Delaware County, Indiana.
Filing a Civil Case. Marion County Clerk’s Office.
Civil Cases Fee Schedule. Porter County, Indiana.
Filing Fees. County of Vanderburgh, Indiana.
Case Filing Fees. Floyd County, Indiana.
Spouse’s Waiver of Service. Indiana Legal Help.
Are you covering everything in your Divorce Agreement?
See what most people include in their Agreements with our free download.
