• December 10, 2022
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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. To grant legal separation, an Indiana court must conclude that the terms of the marriage are currently so unbearable that the couple cannot live together, but the marriage itself should still be upheld. All requests for separation must be signed and verified by the petitioner. You can review the petition by signing it in the presence of a licensed notary in Indiana and taking an oath that the information it contains is true. Before filing legal documents with the court, you should speak to a qualified attorney in Indiana. Legal separations can be complex, especially if they are children or extended assets, and may require the expertise of a licensed lawyer. Even if you decide to file a pro-se application, you can still speak to a lawyer for practical advice. Read more: Legal Separation vs. Divorce in Indiana It`s important to understand how to apply for a legal separation in Indiana before proceeding with your separation.

Indiana Code § 31-15-3-6 sets out the requirements for applying for legal separation in Indiana. Legal separation is permitted and recognized in Indiana. In most cases, litigants will use it to protect marital property in the case of addicted partners. In this case, it gives the lawyer enough time to start the divorce if the other party to the marriage feels that she can no longer bear the behavior of her spouse. If there is any hope of clarifying things, this is the perfect opportunity for both sides. Couples need to understand that legal separation is not the same as physical separation – or a part leaving the family household to live elsewhere. Legal separation requires a court filing, 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, it`s important to distinguish between physical separation and legal separation when it comes to protecting your financial future.

Indiana allows married couples to apply for legal separation by filing the appropriate court documents with your county official`s office. Once you have paid the registration fee, your application for legal separation and the subpoena informing your spouse of your intentions will enter the court system. Ultimately, the court-issued separation order will provide for support payments for the marriage and determine custody, support and access issues, just like a divorce. But unlike a divorce, you are not free to remarry. 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 a resident of Indiana 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. Individuals seeking to legally separate in Indiana can also file related lawsuits for spousal support, child support, custody, and ownership of property. The court considers applications on these issues as in divorce proceedings. By working with Keffer Hirschauer LLP`s attorneys for legal separation from Indiana, we can help you identify the legal steps you can take to protect your rights and file those actions on your behalf. 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. 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. The applicant must inform the spouse that the application for separation has been made. This is done through the use of an incantation. The subpoena will name the other party, their address and contact information so that an official copy of the petition can be sent to them by mail or delivery. Contact your local district court building and speak to the court clerk`s office using the appropriate forms. No. If your spouse has filed for divorce, you cannot apply for legal separation. 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.

In order for the court to issue a decree on legal separation, the couple must prove that the marriage is broken but can still be maintained. Indiana does not require a couple to file for separation before granting a divorce, but a minimum period of separate life helps the court determine an “irremediable breakdown” in the marriage. Indiana`s legal separation application also provides an official way to determine issues of custody, family allowances, and parenting time. In this area, disputes are likely to arise if agreements are not properly dealt with in cases of separation. Legal separation allows for a formal determination of parental rights and obligations and the establishment of a timetable for parental leave or attendance, as well as a forum with the power to enforce orders relating to children.

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