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Divorce Waiting Period in Indiana

In Indiana, the final divorce hearing cannot be held, and a summary decree cannot be entered, until at least 60 days after the petition is filed, and no separation period is required.

Last checked . General information, not legal advice.

Indiana at a glance

Waiting period
60 days after filing
After 60 days, spouses with no contested issues or a settlement can ask for a summary decree without a final hearing.
Separation required
No
Irretrievable breakdown of the marriage is a ground for dissolution.

Sources

Last checked

The rules in Indiana

How long is the waiting period before a divorce can be finalized in Indiana?

Waiting period in Indiana: 60 days after filing. After 60 days, spouses with no contested issues or a settlement can ask for a summary decree without a final hearing.

Do spouses have to live apart before a no-fault divorce in Indiana?

Separation required in Indiana: No. Irretrievable breakdown of the marriage is a ground for dissolution.

Where do the Indiana divorce waiting periods come from?

The rules above come from Ind. Code 31-15-2-10, Ind. Code 31-15-2-13 and Ind. Code 31-15-2-3. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.