The emotional strain of ending a marriage can be devastating, leaving you feeling helpless in the face of so many difficult decisions. 

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No matter how difficult your divorce may be, you don’t have to face it alone.

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When Divorce Becomes Inevitible

When a married couple can no longer get along, they may decide that getting a divorce is the best choice.

However, many couples don’t know how to get divorced in Indiana or what to expect. Although the idea of starting fresh may be exciting, getting a divorce can be stressful and difficult. You may feel anxious, scared, or even angry.

Thomas Banks understands what you’re going through. He is here to help you through this tough time and has the knowledge and experience to guide you through the process to find solutions that work for both you and your spouse.

How the divorce process works in Indiana

When you’re getting a divorce in Indiana, it’s common to have disagreements and complications.

Sometimes you may need to negotiate or go to court to come to an agreement with your soon-to-be-ex partner.  

Thomas can help you figure out the best strategies to get what you need. For example, he can help you get alimony or change child support payments.

Do I need to be separated before seeking a divorce in Indiana?

In Indiana, you need to be separated from your spouse for at least 60 days before a judge will finalize your divorce. This means you can’t live together or have sex if you’re planning to file for divorce. 

The 2 Types of Divorce

Uncontested Divorce

Uncontested divorce happens when both parties agree on most or all of the issues. This is the smoother path as both people are willing to compromise, and it can be resolved within a few months with the right lawyer.

However, if you and your spouse don’t agree on major issues, uncontested divorce is not an option.

Contested Divorce

Contested divorce is different. In this type, there are issues that can’t be resolved between the couple such as child support, custody, property division, and more.

These kinds of divorces take longer to resolve because neither side is willing to cooperate, and they usually end up costing more money.

It’s rare for contested divorce to resolve outside of court.


Frequently Asked Questions

How long does it take to get a divorce in Indiana?

The waiting period to get a divorce in Indiana depends on whether the divorce is contested or uncontested.

  1. Uncontested Divorce: If both parties agree on all issues, including property division, child custody, and support, there is no waiting period for an uncontested divorce in Indiana. The court can grant the divorce as soon as all necessary documents are filed and processed.
  2. Contested Divorce: In a contested divorce where the parties cannot reach an agreement on all issues, Indiana imposes a waiting period. The waiting period is typically 60 days from the date of filing the divorce petition. This waiting period is designed to allow spouses time to reconsider and potentially work out their differences. However, it's important to note that the actual resolution of a contested divorce may take longer, depending on the complexity of the case and court schedules.


What are the residency requirements for getting a divorce in Indiana?

1. Indiana Residency:

  • Either you or your spouse must be a resident of Indiana, or stationed at a U.S. military installation within the state, for at least six months preceding the filing of the divorce petition.

2. County Residency:

  • The divorce action should be filed in the county where either you or your spouse has lived for at least three months prior to filing the petition.

Meeting both the state and county residency requirements is essential for the court to have jurisdiction over the divorce case.

How is child custody decided in a divorce?

Child custody is determined by considering the best interests of the child, which may include factors such as the child's age, health, and relationships with each parent.

How much child support will I have to pay?

Child support is calculated based on a variety of factors, including the income of each parent, the number of children, and the child's needs.

How long does a divorce take?

The length of a divorce can vary depending on the complexity of the case and whether the parties can agree on the terms of the divorce. Some divorces can be completed in a few months, while others can take years.

Do I need a lawyer to get a divorce?

While it is possible to get a divorce without a lawyer, it is often recommended to hire a lawyer to ensure that your rights are protected and that the divorce process goes smoothly.

How much will a divorce cost?

The cost of a divorce can vary widely depending on the complexity of the case, the length of the proceedings, and the hourly rate of the attorney. Some divorces may cost only a few thousand dollars, while others can cost tens of thousands of dollars.

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400 W Market St
Louisville, KY 40202


(812) 920-5603