Legal separation can be a complex process, and understanding the specifics in your state is crucial. Legal separation is a formal process that involves legally defining and settling the couple’s rights and responsibilities during their separation. If you are considering legal separation in Indiana, it is important to understand key points. This blog will walk you through what you need to know about legal separation in Indiana.
In Indiana, legal separation is governed by Indiana Code §31-15-3. This legal framework provides the basis for how separations are managed in the state. Legal separation is a court-ordered arrangement where a married couple lives apart but remains legally married. It is different from divorce, as it does not end the marriage but does address many of the same issues. Couples may prefer legal separation over divorce due to religious beliefs that prohibit divorce, hope for reconciliation, maintaining health benefits, and wanting to live apart while deciding on divorce.
Some religions prohibit or frown upon divorce and legal separation allows couples to live apart while respecting their religious convictions. Legal separation may allow a spouse to retain health insurance benefits that would be lost in a divorce. Couples who are unsure about ending their marriage permanently may use legal separation as a trial period. It can provide time to sort out complex financial matters or reach the ten-year mark for certain Social Security benefits.
To file for legal separation in Indiana, you must meet specific residency requirements. At least one spouse must have been an Indiana resident for six months immediately preceding the filing of the petition. For county residency, at least one spouse must have been a resident of the county where you are filing for three months immediately preceding the filing. Indiana law requires that there be a valid reason for the separation. The most common ground is an irretrievable breakdown of the marriage, but other reasons such as felony conviction, incurable insanity, or impotence can also be cited.
Like divorce or custody matters, there is a specific filing process for legal separations. First, you must prepare and file a petition by obtaining the necessary forms from your county clerk’s office or online and provide all necessary information. After filing the proper forms, you must serve your spouse by following the requirements to put your spouse on notice. You will need to negotiate the terms of the legal separation with your spouse. Collaborate with your spouse to decide key issues such as property division, child custody, and support. Depending on the complexity, hiring an attorney could be necessary. The court may schedule hearings to review your case, which requires preparation to present evidence and arguments supporting your proposed separation terms. Once all terms are agreed upon or decided by the court, a final separation decree will be issued and will become legally binding.
While it is possible to file for legal separation without an attorney, the process can be complex. It is often advisable to consult with a family law attorney to ensure your rights are protected and all necessary issues are addressed. Remember, every situation is unique. This guide provides general information, but your specific circumstances may require additional considerations. The attorneys at Ciyou & Associates, P.C. have experience with legal separation matters throughout Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
