Although divorce can be frustrating for many reasons, its time-consuming nature is one of the common concerns for spouses in Indiana. Most spouses want to get this process over with as quickly as possible, and they may feel shocked to learn that Indiana enforces a mandatory “waiting period” before they can end their marriages. How does this waiting period work, and how might it affect your divorce in Indiana?

Indiana Enforces a 60-Day Waiting Period for Divorcing Spouses

After you file for divorce in Indiana, you must wait 60 days before you can proceed to the next stage. This is often called a “cooling-off” period. There is no way to get around this waiting period. Even if you file for a “fault-based” divorce rather than a “no-fault” divorce, you still have to wait two months before proceeding with the actual legal process of ending your marriage. 

Why Does Indiana Enforce a Mandatory Waiting Period for Divorce?

If you are encountering this waiting period for the first time, you are probably wondering why Indiana would create such a law. The state believes that couples should take time to “think things through,” and this is why this delay is called a “cooling-off” period. This law is supposed to give spouses a chance to let emotions settle before reassessing their relationship. 

The government also believes that it is in the best interests of the state for families to stick together whenever possible. This viewpoint focuses on the negative way in which divorce affects children, particularly with respect to poor academic performance, lower income, and a statistically higher chance of criminal convictions. In other words, the cooling-off period is supposed to stabilize society. 

While a two-month delay might seem frustrating, other states enforce much longer cooling-off periods. For example, there are numerous states that enforce one-year waiting periods. 

So I’m Just Supposed to Do Nothing for Two Months?

Despite its name, the two-month waiting period does not require you to “do nothing” while you wait to move forward with your divorce. Instead, you can immediately begin privately negotiating with your ex about the divorce. This process is called “alternative dispute resolution” or (ADR).

Theoretically, you could negotiate with your ex during the two-month waiting period and agree on every aspect of your divorce. With this approach, you will have a “divorce agreement” ready to go by the time the two-month waiting period elapses. Speak with an uncontested divorce lawyer in Indiana about ADR options like mediation, arbitration, and collaborative law. 

Can an Indiana Divorce Lawyer Help Me?

Although it is true that Indiana enforces a two-month divorce waiting period, it should not make much of a difference if you choose alternative dispute resolution. You can begin negotiating during the waiting period, and you do not need to be “inactive” as the 60 days pass. To learn more about the waiting period and other divorce laws in Indiana, consider contacting Christopher L. Arrington for a consultation.