Monday, October 22, 2007

How long does it take to get divorced in Indiana?

I want to thank San Francisco Family Law Blog for giving me the idea for this post. Specifically, her post California divorce is often a time-consuming process which has the following question and answer:

"Question: Why does a divorce in California have to take at least six months? After six months, am I still married even if I don't want to be? And, if one party does not want the divorce, can it be prevented? - J.H. Answer: California law requires at least six months to pass from the date the divorce petition is served for the divorce to become final. The rationale historically has been that this provides a period of time during which the parties might 'cool off' and possibly reconcile their differences."
Indiana has a cooling off period of sixty (60) days. even if the people have everything agreed to and waived the Final Hearing, they must wait the sixty days.

Neither does this mean the divorce will be final on the sixtieth day. I know only one way for a divorce to be final on the sixtieth day is for the parties to have an agreement before the sixtieth day. Child custody and complicated property issues and crowded court calendars will delay a divorce.


Anonymous said...

I have been told by my lawyer that we file the divorce and we can't even ask for a hearing until after 60 days, is that true? And that we can postpone the hearing for as long as we want. I have never heard of such a thing.

Sam Hasler said...

Well, obliviously you have heard of such a thing - here and from your attorney.