When Are You Considered Legally Separated in Indiana

Every day at wikiHow, we work hard to give you access to instructions and information that will help you live a better life, whether it`s making yourself safer, healthier, or improving your well-being. In the midst of the current health and economic crises, where the world is changing dramatically and where we are all learning and adapting to changes in everyday life, people need wikiHow more than ever. Your support helps wikiHow create more in-depth illustrated articles and videos and share our trusted brand of educational content with millions of people around the world. Please consider contributing to wikiHow today. Couples who wish to separate in Indiana must apply to a family court to recognize their separate status. They must justify the separation and demonstrate that living together is neither fair nor tolerable for the parties. A court may grant separation orders and interim custody and support orders from one spouse to the other. The court may also order counselling with the aim of saving the marriage. Usually, when a couple decides to legally separate in Indiana, there is an advantage that the alternatives of staying together or getting divorced don`t offer. Some of the benefits of legal separation in Indiana include: What do I need to do to be legally separated from my spouse? Couples need to understand that a legal separation is not the same as a physical separation – or a party leaving the family household to live elsewhere.

Legal separation requires a filing with the court, just like a divorce, and allows couples to access the same remedies as a divorce for the separation of property, assets, liabilities and debts. Whether your financial situation is modest or you have a high net worth, the distinction between physical separation and legal separation is important when it comes to protecting your financial future. The couple is still married, even though they live apart. The couple`s debts are their responsibility, and they must try to work together to make amends for the marriage. Each spouse can ask the court to order advice, but the court cannot order advice against the will of one of the spouses or if one of the spouses has been violent towards the other or towards the children. Legally separated spouses may apply for divorce before the expiry of the one-year period for legal separation. Legal separation provides for a “cooling-off period” before the divorce of one of the spouses. During legal separation, the court issues interim injunctions for support, custody, spousal support and counselling if the couple needs judicial review for any of these decisions. Legal separation also allows one spouse to remain in the health or life insurance of the other. Legal separation is not necessary if the spouses wish to live apart, but it can facilitate the process by providing legal support for the couple`s decisions.

If a court makes an order for legal separation, the period of separation cannot exceed one year. At this point, the couple must decide whether to stay together or divorce. If the couple decides to divorce before the expiry of the one-year separation period, they can do so no earlier than 60 days after filing the application for legal separation. Legal separation ends after one year or when an application for divorce is filed. Before filing legal documents with the court, you should speak to a qualified attorney in Indiana. Legal separations can be complex, especially when children or important assets are involved, and may require the expertise of a licensed attorney. Even if you decide to file a complaint as such (represent yourself), you can still talk to a lawyer for practical advice. Read more: Legal separation vs. Legal separation and divorce in Indiana are subject to some of the same laws, but there are also important differences that need to be considered. So what`s the difference between legal separation and divorce in Indiana? The most fundamental difference is that divorce legally ends the marriage, but legal separation does not. Yes.

You can apply for your spouse to separate. You can do this if you don`t want to divorce, but you can`t live with your spouse right now. All legal separation orders end with the end of legal separation. Section 31-15-3-4 of the Indiana Code requires that all applications for separation be titled: “In Re the legal separation of (name of spouse) and (name of spouse). The petition must also contain specific information, such as: the place of residence of the spouses, the date on which the spouses were married, the date of their separation, the names and addresses of the children, the reasons for the separation and the type of compensation sought. You should also explain why you believe you and your spouse can no longer live together. You don`t have to be legally separated before you file for divorce in Indiana, but a legal separation can give you the opportunity to decide how your property and assets will be divided, which spouse is responsible for certain financial obligations, and what your children`s custody plan will look like if you divorce. A copy of the petition will be served on the other spouse when the application is submitted. Indiana law allows a family court to issue injunctions on the division of property between separated spouses.

During separation, both spouses remain liable for all debts incurred by one of the spouses, including personal debts incurred by one of the parties without the knowledge of the other party. In contrast, divorce regulations establish the liability of each spouse for debts incurred during the marriage. Legal separation means that you will be able to live your life apart from your spouse while you work on your relationship or decide that divorce is the best option. Legal separations are granted when both parties agree that their marriage has become unbearable, but they want to see if it is a temporary or permanent situation.