Two of the most common questions asked of Smith Legal LLC: how long does a divorce take; and how much will a divorce cost? In all transparency, these are two questions that are nearly impossible to answer because of the number of variables that impact time and cost.
The length of time and the total cost it takes to finalize a divorce in Indiana varies depending on several factors, including, but not limited to:
- The complexity of relevant facts and circumstances (or example is asset valuation in dispute; are there pre-marital assets, inheritance, disparity in income or economic circumstances; length of the marriage; custody disputes, fluctuating income due to self-employment, family owned businesses, violence, mental health issues, substance abuse/alcoholism and more;
- The level of agreement and cooperation (and trust or lack thereof) between the spouses;
- The breadth of discovery necessary to complete due diligence; and/or
- Scheduling of mediation, preliminary hearings and a final contested hearing, all if necessary.
While some divorce cases can be resolved relatively quickly, others may not wind down for months or years. Indiana law requires a mandatory waiting period of 60 days from the date that a divorce petition is served on the non-filing spouse before a court can finalize the divorce. This waiting period represents the minimum time frame, and most divorces take much longer to resolve.
Cooperative vs. contested divorces
Cooperative Divorce: In a cooperative divorce, both spouses agree on all major issues, including property division, child custody, parenting time, child support and/or spousal maintenance. If mediation and/or litigation and/or extensive negotiations are not necessary, divorces can often be finalized shortly after the 60-day waiting period. This generally makes them the fastest and least expensive option. However, it is important to emphasize that no divorce is simple and no divorce should be “rushed” to get done. Often rushing to get a divorce done, and not addressing issues up front, requires substantial expense later on to correct errors or modify custody, parenting time and/or support.
Contested Divorce: In a contested divorce, spouses cannot agree on one or more issues, requiring mediation and usually court intervention (hearings). Contested divorces involve additional steps, such as mediation, discovery and possibly a contested bench trial. These cases can take several months or even years, depending on the complexity of the issues and the level of conflict between the parties. Usually skilled, experience and reasonable counsel can eliminate several issues parties may think are grounds for conflict, when they should be agreed-upon and not contested.
If you and your spouse are going your separate ways, there are things that you can do to help streamline the divorce process, including:
- Consult an Experienced Attorney: By understanding what your goals are – and where you can compromise – you can focus your time and effort most effectively.
- Work Toward Agreement: Resolving disputes through negotiation or mediation can potentially save time and reduce costs.
- Stay Organized and Timely: Provide requested documents and meet deadlines to avoid unnecessary delays.
The time it takes to complete a divorce and the cost associated with a divorce will depend on the specific circumstances of your case. While the mandatory 60-day waiting period is the minimum, the actual timeline and the cost will be unique to your case.