Indianapolis, IN asked in Divorce for Indiana

Q: Can you file for Divorce prior to terms of property settlement

I would like to file the paperwork to hopefully expedite the divorce.

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3 Lawyer Answers
John Mario Acosta Jr.
John Mario Acosta Jr.
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Depends on the jurisdiction and court as to bifrication of the matter.

Betsy Walits
Betsy Walits
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes. You cannot get divorced in IN for 60 days post filing so it would be assumed you would file before the property settlement. In mediation you might do the two simultaneously but you still have to wait 60 days.

William J Webster
William J Webster
Answered
  • Westfield, IN
  • Licensed in Indiana

A: Yes, typically parties file for Divorce first, then work on a settlement agreement.

If you are trying to expedite the divorce, then I recommend filing as there is a 60 day waiting period before the Court will take any final action on the divorce such as approving your settlement agreement.

If you would like assistance with your divorce or have any additional questions, please contact our office at 317-565-1818.

-Will

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