Ending a marriage is a difficult journey, and some people in same-sex marriages wonder whether the process will be more challenging for them. If you are in a same-sex marriage, you likely want to know how long the legal process will take. While every situation is different, understanding the rules and the basic timeline can help you feel more prepared.
The 60-day waiting period
The most important thing to know is that Indiana law requires a cooling-off period. Under Indiana law, a judge cannot finalize a divorce until at least 60 days have passed from the date the petitioner first filed the petition. This is the absolute minimum amount of time a divorce can take, even if both spouses agree on every detail.
Residency requirements
Before you can file, you must meet the state’s residency requirements. At least one spouse must have lived in Indiana for the last six months. Also, that spouse must have lived in the specific county where they filed the divorce for the last three months. If you do not meet these rules, the timeline cannot begin.
Uncontested vs. contested cases
The speed of your case mainly depends on how well you and your spouse work together. There are two main types of divorce cases, and which category your case falls into can make a big difference in how long the process takes.
- Uncontested divorce: This is the fastest path. It happens when both people agree on how to split property and handle child custody. To finish quickly after the 60 days, both spouses must sign a settlement agreement and a written waiver of the final hearing.
- Contested divorce: If there are disagreements about money, debts or parenting time, the process takes much longer. These cases often require mediation or a trial. It is common for these divorces to take several months or even over a year.
Even in simpler cases, delays can still happen. Court scheduling issues, missing paperwork, or poor communication can slow the process.
Same-sex marriage considerations
While Indiana grants same-sex couples the same legal right to divorce as any other couple, property division can sometimes be complex. Because the law did not always recognize same-sex marriage, a court may need to decide how to handle assets the couple bought before they could officially marry.
If you are unsure about your rights, speaking with a family law attorney may help provide clarity and help you make the best decisions for your future.