In Indiana, the legal separation petition is entitled “In re the Legal Separation of [Person 1] and [Person 2].” It contains the names and addresses of each of the spouses; length of stay in Indiana and County; the date of marriage and the date of separation; the names, ages and addresses of all children under the age of 21 and all children with disabilities; if the woman is pregnant; the grounds for legal separation; and the compensation sought. Any spouse may apply for legal separation. At least one spouse must have resided in Indiana for six months and one or both must have lived in the submitting county for three months. Before legal separation is granted, an Indiana court must determine that the circumstances of your situation are currently so unbearable that you cannot live together, but that there are reasons to maintain the marriage contract. Legal separation can last up to a year. After a year, you should be ready to decide whether you want to divorce or reunite with your spouse. Divorce occurs when a judge legally ends your marriage. Legal separation does not end the marriage. However, the court may make orders such as those made in a divorce case with respect to property, debts and children. Legal separation is like a “temporary divorce.” Legal separation is much more formal than the decision to live apart. This is a court-approved legal separation with a child-rearing plan that divides the property and affects the financial bond the spouses have with each other.

The second reason is to publicly signal to creditors and third parties that marriage is in danger. In this context, legal separation can have the same negative consequences associated with divorce. For example, the parties may suffer a depreciation of the loan or, if there is a family business, the competitors will be informed of the difficulties / problems within the family unit. Legal separation is often requested instead of divorce if there is still a glimmer of hope to find your spouse. Indiana Code § 31-15-3-9 states that legal separation cannot last more than one year. Once the year passes, the legally separated couple must decide whether to remain married or file for divorce. A divorce, on the other hand, is final as soon as the required waiting period has expired and all questions have been clarified. To obtain legal separation, you must file an application for legal separation. I.C. § 31-15-3-1. In your application, you must tell the judge why you feel that you and your spouse cannot currently live together.

I.C. § 31-15-3-3. The court will rule that the conditions of the marriage are currently so unbearable that the couple cannot live together, but that the marriage should still be maintained. You or your spouse must be an Indiana resident six months before filing the petition and a resident of the county where you file the petition three months before filing the petition. I.C. § 31-15-3-6. Note that if your spouse has filed for divorce, you will not be able to trace the place of legal separation. I.C. § 31-15-3-5. Legal separation is not required before the divorce is filed in Indiana, but a period of legal separation during which the couple cannot reconcile can help the court determine whether an “incurable breakup” has occurred. To learn more about the difference between legal separation and divorce, or the limits and benefits of legal separation in Indiana, contact the attorneys at Keffer Hirschauer LLP in Indiana.

There is an alternative between living in a bad marriage or divorce, and we can help you determine if legal separation is right for you. Yes. You can apply for legal separation from your spouse. You can do this if you don`t want to divorce, but you can`t currently live with your spouse. Once your petition and subpoena have been prepared, you must submit them to the District Clerk`s office. You will have to pay a registration fee. The amount may vary depending on the county and how you want to give the documents to your spouse. They can be sent by registered mail or delivered in person by the local sheriff`s department.

Contact the Clerk`s office before visiting the courthouse for information on acceptable fees and payment methods. If a marriage is in trouble, both parties should carefully consider all options before making a decision that paves the way for the rest of their lives and, if necessary, for the lives of their children. If some form of separation is inevitable, both parties to the marriage must understand the difference between legal separation and divorce, as well as the benefits of legal separation in Indiana, before deciding how to proceed.