Legal Separation in Indiana
The Indiana Code permits a married couple to seek a legal separation.
Other People Are Reading
-
Function
-
The function of legal separation in Indiana is to permit a married couple to live separately and use court orders to deal with property and debt issues as well as matters relating to children. Indeed, the legal-separation laws of Indiana permit a married couple to access all legal resources available in a divorce proceeding except an actual termination of the marriage bonds.
Considerations
-
Two primary conditions exist under Indiana law for the granting of a legal separation. First, the "conditions in or circumstances of the marriage make it
currently intolerable for both parties to live together," according to the Indiana Code. Second, despite the conditions or circumstances, there are valid reasons for the marriage itself to be maintained. -
Contents of Petition
-
A petition is filed in the county of residence of one or both of the spouses. The petition must contain basic information about the marriage, including the date the couple was married and how long the spouses have been physically separated. The petition must also include basic information about any children born during the marriage, including names and dates of birth. The petition must be signed under oath in front of a notary public, pursuant to the Indiana Code.
Time Frame
-
Indiana law places a specific time limitation on a legal separation. A legal separation can remain in place for only one year from the date the court issues a decree of legal separation. At the expiration of that period, the legal separation and all orders associated with it terminate. The parties remain married or have the option of pursuing divorce proceedings at that time.
Legal Assistance
-
If you are interested in seeking a legal separation in Indiana, consider engaging the services of an experienced attorney. Laws and procedures associated with legal separation in Indiana are rather complex. Therefore, rather than leave anything to chance, your rights and interests likely are best protected with an attorney at your side. The Indiana State Bar Association maintains a directory of attorneys in different practice areas. Contact the organization at:
Indiana State Bar Association
One Indiana Square
Suite 530
Indianapolis, IN 46204
317-639-5465
http://www.inbar.org/
-
References
Resources
- Photo Credit c..."ur brisé image by Ellsing from Fotolia.com
