Uncontested vs. Contested Divorce in Indiana: Simplified Procedures and Mandatory Steps
In Indiana an uncontested and a contested divorce share the residence rules and the 60-day minimum before a final hearing. Parties who agree can file a written waiver of the hearing, and the filing date fixes final separation for property.
What is the same in an uncontested and a contested Indiana divorce?
The residence rules and the 60 days. A final hearing is conducted not earlier than sixty days after the filing of the petition (IC 31-15-2-10). The Indiana divorce timeline calculator gives the same earliest hearing date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | 6 months state, 3 months county | 6 months state, 3 months county |
| Final hearing | Not earlier than 60 days after filing; a written waiver of the hearing can be filed | Not earlier than 60 days after filing; the court hears the contested issues |
| Legal separation first | Hearing may follow 60 days after that petition | Hearing may follow 60 days after that petition |
| Property | Settlement agreement | The court presumes an equal division, subject to rebuttal |
| Custody | Agreement reviewed on the child’s best interests | Best interests; no presumption favoring either parent |
What if a legal separation case is already pending in Indiana?
If a petition for legal separation has been filed, a final hearing on a later petition or counter petition for dissolution may be held at any time after 60 days after the legal separation petition was filed (31-15-2-11). A counter petition does not restart the clock: the court sets the petition and counter petition for final hearing not earlier than 60 days after the initial petition (31-15-2-12).
Can an agreed case skip the hearing in Indiana?
Sections 13 and 14 of the chapter address a written waiver of the final hearing, available at least 60 days after the petition is filed, and the disposition of uncontested issues apart from a final hearing of contested ones. Ask the county clerk for the local forms before you rely on a waiver.
What happens if the court continues the case in Indiana?
After a continuance, if no motion for dissolution is filed, the matter is automatically dismissed after 90 days from the date of the continuance (31-15-2-15(c)).
Which procedural rules apply in Indiana?
Proceedings under the dissolution article must comply with the Indiana Rules of Civil Procedure (31-15-2-1), so service, answers and deadlines follow those rules in addition to the 60-day minimum.
How should I use the 60-day date in Indiana?
It is the earliest day, not the expected day. Agreed cases need the settlement papers and any waiver ready by then, and contested cases usually need more time for exchange of financial information and for the contested issues.
What changes in a contested Indiana divorce?
The court decides what the spouses cannot settle: property under 31-15-7-4 and 31-15-7-5, maintenance under 31-15-7-2 and custody on the child’s best interests under 31-17-2-8. See the Indiana property division calculator and the Indiana parenting time calculator.
Is the date of filing important beyond the 60 days in Indiana?
Yes. The date the petition is filed is the date of final separation for property purposes, which ends the period of acquisitions that are divided (31-9-2-46).
Frequently asked questions
Does an uncontested divorce skip the Indiana 60 days?
No. A final hearing cannot be held earlier than 60 days after filing, though parties may file a written waiver of the hearing.
Can the Indiana 60 days be shortened?
The statute sets the 60 days as a minimum; ask the clerk or a lawyer about the exceptions in the chapter.
What if I file for legal separation first in Indiana?
A later dissolution hearing may be held after 60 days from the legal separation petition.
What happens if an Indiana case is continued?
If no motion for dissolution is filed within 90 days of the continuance, the case is dismissed automatically.
Does the Indiana filing date matter for property?
Yes. The date the petition is filed is the date of final separation.
Official sources
- IC 31-15-2-6: residence; filing in county of guardian’s residence
- IC 31-15-2-10 to 31-15-2-15: final hearing and decree (chapter 2)
- IC 31-15-2-3: grounds for dissolution
- IC 31-9-2-46: final separation
- IC 31-15-7-4: division of property
- IC 31-17-2-8: custody; best interests
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.