If you and your spouse decide to live apart without asking the court for help, you won't have the benefit of enforceable court orders to fall back on if your communication breaks down later. Considering Divorce?
Learn about the process of uncontested divorce in indiana.
It's important to understand that a legal separation is different than a physical separation. Courts don't authorize or enforce trial separations, but most couples find that taking time away from each other allows them the opportunity to reassess the relationship and the possibility for reconciliation or not. Common issues that couples need to work through include child custody, child support, property and debt divisionand spousal support. At the end of the trial, you'll need to decide to reconcile, move forward with a legal separation, or file for divorce.
You must also demonstrate to the court that you meet the state's residency requirement, meaning at least one spouse has lived in Indiana for a minimum of 6-months and the county where you file your petition for 3-months before submitting the documents. Divorce is a legal method used by couples who want to dissolve end their marriage.
How Does Separation Affect Custody? Typical examples include whether the parent can provide necessities for the children and whether both parents agree to foster the child's relationship with the other parent. But, after the case is over, the couple is still legally married, meaning neither spouse can remarry without first asking the court to convert the case into a divorce.
In some states, couples can stay legally separated indefinitely, but in Indiana, your legal separation can't exceed months, which means that you have one year to decide whether you want to reconcile or file for divorce. Married couples often consider a legal separation to test the waters for a divorce, or to take some time apart to decide whether reconciliation is a possibility. Alimony Divorce and Property. If you'd like a more formal arrangement, you can document your agreement in a written contract.
The couple usually works together to negotiate the terms of the divorce, and if either spouse objects to a condition, you can ask the court to settle the dispute.
What are the laws for divorce in indiana?
The attorney listings on this site are paid attorney advertising. Most states only require spouses to provide a "no-fault" reason for ending the relationship, but Indiana law also requires you to make a statement to the court that it's important to both spouses that the marriage continue and state under oath that neither spouse already initiated divorce proceedings.
What Is a Separation Agreement? In Indiana, you'll need to demonstrate to the judge that there are conditions or circumstances within your marriage that make it currently intolerable to live with your spouse. In fact, when parents ask the court for a legal separation, the court must consider how the arrangement will affect the children. The process starts when one party files a petition with the court.
How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. If the parents can't agree on custody and child supportthe judges will evaluate what's best for the children by considering a set of factors to assess each parent's ability to care for and promote the children's well-being. Others use the process to avoid the social stigma of divorce.
Some couples also pursue a legal separation instead of a divorce because: their religion prohibits divorce one spouse needs continued coverage on the other's employer-sponsored health insurance, or the spouses have valuable tax or federal benefits that divorce would terminate.
What Is a Trial Separation?
There's no right or wrong reason to choose legal separation instead of divorce. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Parties can put an expiration date on the trial and verbally agree to the terms of custody and support, without court intervention. Others question whether it would be easier to move into separate homes and handle the other issues without court intervention. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
Divorce and legal separation are two legal procedures available to married couples in Indiana.
What's the difference between divorce and legal separation?
Practice Area Please select Zip Code. Separations agreements are valid until the couple reconciles, or files for divorce. By Melissa HeinigAttorney. Before the court grants your request for a legal separation, you must put the terms of your arrangement in writing. For most married couples, divorce or legal separation are both last resort options, especially in Indiana where the law limits legal separations to one year.
Talk to a Lawyer Need a lawyer? You and your spouse can negotiate the terms of your separation or you can ask the court to decide. Legal separation is a process that allows the couple to request court orders that address divorce-related issues, like child custody and spousal support. Start here. Market Your Law Firm. Your request must contain specific information, like each spouse's full name, the names of any children age 21 and under from your marriage, the date of your wedding and separation, and your address. A separation agreement is a legally binding contract between spouses that resolves child custodychild support, property division, and spousal support issues.
Although both can have an impact on your marriage, there are ificant differences between the two processes. Child Custody Child Support. In cases where parties ask for a divorce, the judge may merge the separation agreement into the final divorce judgment. Divorced spouses can remarry at any time after the judge s the final court order. In some states, the information on this website may be considered a lawyer referral service.
Some couples wonder what the benefits are of a legal separation.
Divorce and legal separation are two legal procedures available to married couples in indiana. although both can have an impact on your marriage, there are ificant differences between the two processes.
If you're not sure whether you want to permanently terminate your marriage divorce or ask the court to define the terms of your breakup legal separationyou can agree to participate in a trial separation. The similarities between divorce and legal separation don't stop with how the state views your marriage.
Call us at 1 Issue: search. Like divorce, if you can't agree on all the terms, the court will decide for you. The court will act on your case after either spouse files a formal request for court intervention, which is commonly titled petition for dissolution of marriage.