Protecting Your Rights In Indiana Since 1915

Why must we wait to divorce in Indiana?

On Behalf of | Jun 19, 2026 | Family Law

When you reach the difficult decision to end a marriage, you likely want to find a sense of closure quickly. The emotional weight of this transition is heavy, and the desire to start your next chapter is understandable. However, in Indiana, it will typically take at least 60 days before the divorce can be finalized. This is due to the state’s built-in period of reflection and preparation.

What is the waiting period?

Under Indiana’s state requirements, there is a waiting time of 60 days from the date a petition is filed before a judge can finalize the split. This cooling-off period applies even if both parties agree on every detail. The state designed this rule to ensure that divorce is not a hasty decision made in a moment of high stress. It provides a necessary window for emotions to settle so that both individuals can make conscientious choices about their future.

Maintaining stability with temporary orders

Waiting two months can feel like a long time when you are trying to manage a household and care for children. Fortunately, the law allows for provisional orders to keep life running smoothly during this gap. For instance, a judge can issue temporary rules regarding:

  • Which spouse will remain in the family home
  • How parents will share time with their children
  • Who is responsible for paying specific monthly bills
  • How to handle the use of shared vehicles and property

These temporary measures provide structure and reduce conflict during the mandatory waiting period.

Using the time for meaningful progress

Despite the name, you do not need to sit and just wait during the waiting period. You can use the time for gathering information and negotiating the details of a divorce settlement. Attorneys typically use these 60 days to exchange financial documents and value marital assets like retirement accounts or real estate. You may need to consult with financial professionals, counselors or child custody specialists, which you can do during this time, as well.

By the time the 60 days conclude, many couples find they are better prepared to sign a final agreement. This preparation can turn a potential courtroom battle into a much simpler process. Taking these steps ensures that you move forward with a clear plan for your financial and personal well-being.