File for Legal Separation Online Indiana
No. If your spouse has filed for divorce, you cannot apply for legal separation. Do I have to apply for legal separation if I want to separate from my spouse? Why do some couples choose legal separation over divorce? There are probably as many reasons as there are couples with unique marital situations. In some states, legal separation is even required for a period of time before a couple can file for divorce, although this is not the case in Indiana. Legal separation allows a married couple to live separately while choosing to remain married or divorce. It does not end the marriage. A divorce, also known as the “dissolution of marriage” in Indiana, ends a marriage. Legally separated couples are still married; After a divorce, the partners are single again. Thus, legal separation and divorce fulfil two distinct functions. Both divorce and legal separation have benefits and risks, so it`s helpful to be informed before making a decision. If your only intention is to protect your union, you may want to separate from the marriage, but you want your spouse to be comfortable to avoid an unnecessary prolongation of the procedure. If a marriage is in trouble, both parties should carefully consider all options before making a decision that charts the course for the rest of their lives and, if necessary, the lives of their children.
If some form of separation is inevitable, both parties to marriage need to understand the difference between legal separation and divorce, as well as the benefits of legal separation in Indiana, before deciding how to proceed. There are other reasons why a couple may choose to separate rather than divorce, including religious beliefs that may prohibit the dissolution of the marriage. If a court issues a judgment of legal separation, the period of separation may not exceed one year. At this point, the couple must decide whether to stay together or divorce. If the couple decides to divorce before the end of the one-year separation period, they can do so no earlier than 60 days after the application for legal separation is filed. Legal separation ends after one year or with the filing of an application for divorce. Is there anything else I need to know before preparing for legal separation? Divorce is when a judge legally ends your marriage. Legal separation does not end the marriage. However, the court may make orders such as those made in a divorce case concerning property, debts and children. Legal separation is like a “temporary divorce”. Normally, legal separation follows the same procedure as divorce. The party seeking it will file a marital separation agreement in Indiana and then ask the judge to review it to decide if it is fair and just.
Some of the things the agreement will cover include child support and custody, division of property and responsibilities, and sometimes alimony. As soon as the court order comes into force, the matrimonial property is closed. Legal separation expires one year after the filing date, and if the couple does not do anything about it, the divorce proceedings begin. Temporary maintenance is an amount paid by one spouse to another during the legal separation. It is usually aimed at maintaining the standard of living of the family. A legal separation is similar to a temporary divorce, where you`re still legally married to your spouse, but you have legal agreements about property, custody, and child support. Filing for legal separation in Indiana can be emotionally challenging, but it`s legally pretty straightforward because you`ll need to create a separation agreement, usually with the help of a lawyer, and then file the agreement in court. A legal separation lasts 1 year, so once the agreement expires, you`ll need to follow up to determine the next steps for you and your spouse. What is the difference between divorce and legal separation? A separation agreement is a legally binding contract signed by the spouses that aims to resolve property, debt, and child issues. It can be a very complex and detailed document, depending on the unique situation of the marriage. Many spouses consult a lawyer to do this, or they decide to prepare their own.
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 they can no longer tolerate their spouse`s behavior. If there is any hope of settling things, this is the perfect opportunity for both parties. Marital conflicts are stressful and exhausting, but the decision to move forward in some way provides a certain level of comfort and peace of mind for many people in difficult marriages. Managing your legal separation in Indiana can have a positive or negative impact on the outcomes at the end of the separation, whether you choose to stay married or file for divorce. Keffer Hirschauer LLP`s legal separation attorneys in Indiana take the time to discuss our clients` wishes and goals for the future and plan a legal approach that will get them where they want to be. The couple is still married, even though they live apart. The debts contracted by the couple are their responsibility, and they must try to work together to repair the marriage.
Each spouse may apply to the court for advice, but the court may not order advice against the will of one of the spouses or if one of the spouses has been violent towards the other or the children. Legally separated spouses can apply for divorce before the one-year period for legal separation. Legal separation provides for a “cooling-off period” before one of the spouses moves towards divorce. During legal separation, the court issues interim orders for alimony, custody, spousal support and counsel if the couple needs judicial review for any of these decisions. Legal separation also allows one of the spouses to remain in the other`s health or life insurance policies.
