When both spouses agree to end their marriage, they may hope to avoid a lengthy court dispute. Wanting to end a marriage amicably does not always mean spouses see eye to eye on every issue. Disagreements over money, assets or parenting arrangements may still arise, even when both are ready to move on.
In Indiana, an uncontested divorce generally means spouses have resolved all disputed issues related to ending their marriage. A single unresolved matter can prevent them from proceeding as an entirely uncontested case. These three steps can help spouses prepare for the process.
1. Reach an agreement on every issue
Before filing for divorce, spouses should discuss how they will divide their property and debts. This may include the family home, retirement accounts, vehicles, personal belongings and tax liabilities. They should also consider whether either spouse needs financial support after the marriage ends.
If they share children, they must also settle decisions about custody, parenting schedules and financial support. Even smaller details, such as holiday schedules or who keeps certain household items, can lead to disputes if spouses overlook them.
To pursue an uncontested divorce, both parties should reach a full agreement on these issues. Indiana Code § 31-15-2-17 allows spouses to make written agreements about property, financial support and child-related matters.
2. Put the terms in writing and file the paperwork
Once spouses settle every issue, they can document their terms in a written marital settlement agreement. Both parties should review the document carefully to confirm that it reflects their decisions about property, debts and, when applicable, custody and support.
One spouse must then file a verified Petition for Dissolution of Marriage to begin the court process. The spouses should check which forms apply to their case and submit all required documents.
3. Complete the court process
Even when spouses agree on all terms, they must follow Indiana’s legal requirements. State law generally requires a waiting period of at least 60 days after filing before the court can grant a divorce. Under Indiana Code § 31-15-2-13, the court may issue a decree without a final hearing when the parties file the required signed pleadings and meet the statutory conditions.
Spouses should follow the court’s instructions and confirm that they have met all filing requirements. Their marriage ends legally when the court enters the final divorce decree.
Protect the agreement and the future ahead
An uncontested divorce can reduce conflict, but only when spouses resolve the issues that affect their separation. Careful preparation can help prevent delays and misunderstandings.
An Indiana divorce attorney can review a proposed agreement, explain court requirements and help spouses understand their rights before they finalize important decisions.