Legal Separation in Indiana

A legal separation allows for spouses to physically and financially separate for up to one year, during which a couple can determine what the next steps should be for their family.

For some families, a divorce may seem like the only option when trying to find relief in a marriage. However, if you just just need time away or are not yet ready to file for a divorce, a legal separation may be a better alternative.

In Indiana, you may file for a legal separation prior to filing for divorce. This allows you to both physically and financially separate from your spouse for up to one year in an effort to determine next steps in your marriage. Legal separation allows for time and space apart, while keeping the marriage intact.

How Does Legal Separation Work?

Legal Separation is governed by laws that are similar to that of a divorce. Individuals that are looking to legally separate must file in court for a decree of legal separation. To do so, there are some requirements. When filing for legal separation in Indiana, at the time of the filing at least one of the parties must have been a resident of Indiana, or stationed in a military installation in Indiana, for a period of six months. See IC 31-15-3-6. In addition to the residency requirement, the court must find two elements pertaining to the marriage itself. First, the court must find that the conditions in or circumstances of the marriage make it currently intolerable for both parties to live together. Second, the court must find that there is an understanding or commitment that the marriage be maintained. See IC 31-15-3-3.

If all the requirements are met and the judge grants a legal separation, the individuals will no longer live together. In addition, the assets of the spouses will be divided, and the court will determine child custody, child support, and parenting time, similar to what would be decided in a divorce. In Indiana, assets and debt may be divided equally across partners, however the percentage can be increased or decreased for one spouse or the other depending on certain factors considered by the judge on a case-by-case basis.

It is important to remember that a legal separation is a temporary act. It may only last for up to one year. Therefore, spouses will remain legally married and are not able to re-marry during the separation period.

Why File for Legal Separation Instead of Divorce?

Many couples choose to file for legal separation because the separation does not end the marriage, allowing for spouses to retain some of the benefits of marriage, such as tax or insurance benefits, while also working on improving their situation or determining if a divorce is necessary.

In the end, it is up to the individual to determine what is best for themselves and their family. If you have questions about the process of obtaining a legal separation or a divorce, be sure to reach out to the skilled family law attorneys at McNeelyLaw LLP.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.