After filing for dissolution of marriage in Indiana, there is some time that must pass before an Indiana judge can grant a divorce. For many people, the amount of time it can take from the filing of a dissolution of marriage action to the finalization of the dissolution action can feel like it is too long. But many times, the amount of time needed to prepare for and finalize a dissolution of marriage is necessary.
Under Indiana law, a judge in the State of Indiana cannot grant a dissolution of marriage until at least sixty days elapse from the date the dissolution paperwork was filed. It is not uncommon for cases to take longer than that however, as many of the counties in Indiana are unable to get a hearing set in such a short timeframe. The length of time a case takes typically depends on the amount of information that is needed to be gathered.
When spouses have an uncontested dissolution, which is one in which both parties agree on all issues, the parties may be able to wrap the case up close to the sixty day timeframe. What that requires is a written agreement finalizing all of the terms of the dissolution, signed by both parties, along with a written waiver of their right to attend a final hearing. If those items are submitted to the Judge, the Judge can typically grant a dissolution without anything further.
However, in most cases, the length of time is longer than sixty days. Case length varies greatly, but some may take several months, while some can take over a year. The reason for that is because there are a lot of things that need to be addressed in a dissolution of marriage proceeding. Things such as who has legal or physical custody of children, what parenting time should look like, how holidays and school break parenting time should be divided, and how much child support should be paid are some of the major things that parties need to address. However, that does not include issues that could come up relating to the assets and debts of the parties.
Dissolution of marriage actions also have to address how the parties will split the things they have acquired. How real property is divided, how personal property gets divvied up, how financial accounts get accounted for and split, and who will be responsible for what debts are some of the issues that are necessary to be addressed by a Judge in a divorce case, outside of child related matters.
Coming up with a case strategy to address these things and to provide legal advice on how these things are best addressed can take time. Conducting discovery, obtaining documents, reviewing, and preparing can impact how long a case can take. Furthermore, many local county rules require parties attend alternative dispute resolution to attempt to resolve cases before attending a court hearing. And even scheduling a court hearing can take time, depending on parties’ calendar and the Judge’s calendar.
Having an attorney help guide you through the process and how long it can take can be very beneficial. If you or someone you know is going through a divorce, consulting with an attorney regarding your case can be helpful. The attorneys at Banks & Brower, LLC can help with your case. Give us a call at (317)-526-4630 to help you navigate your case.
