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Filing divorce in Indiana & the waiting period

Carmel, IN |

My wife and I agreed to a no-contest divorce but my wife and I both need some time to work on things (not related to divorce ruling of property, debt, and children) before we sign the waiver for final hearing, but we'd like to get the paperwork moving first. We've already agreed to the custody arrangement of our kids, we have no debts, and no property to speak of to split so it's a pretty straight forward case. My question is can I file the Verified Petition for Dissolution of Marriage in our county court first? I want to use up the the 60-day required waiting period so once we decide to sign the Waiver for Final Hearing the court can move forward with issue the final Dissolution Decree without waiting another 60 days.

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Attorney answers 1


Yes, because the 60 day waiting period doesn't start to run UNTIL the case is filed with the court. After the 60 days has run, you can then file the waiver of hearing, settlement agreement and proposed decree for dissolution.

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