A legal separation in Indiana allows a couple to separate formally but temporarily, physically and financially. This formal „pause” in marriage provides structured custody and parental leave arrangements under Indiana law without dissolving the marriage. Indiana legal separation attorneys at Keffer Hirschauer LLP can explain whether a legal separation, divorce, or other avenue is best for your current needs. If you live in Indiana and are considering separating from your spouse, Keffer Hirschauer LLP`s legal separation attorneys in Indiana can help ensure that your separation is legally recognized and provides all the rights and benefits to which you are legally entitled. All requests for separation must be signed and verified by the petitioner. You can verify 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. Consider seeking legal help. An action for separation or divorce requires a number of forms that must be submitted to the court. Make sure that all the information you provide is up-to-date and accurate. Also, you should know that the information you give to your lawyer is confidential, so you don`t have to worry about the type of information and details you provide.
The more open and honest you are, the better your lawyer can help you. If you work with Keffer Hirschauer LLP`s Indiana attorneys, we will ensure that your legal separation application is properly reviewed and filed. We have a deep understanding of the laws governing legal separation in Indiana, and we are also familiar with local court systems. If you are considering a legal separation in Indianapolis or anywhere in the state of Indiana, let our experience work for you. A separation order sets out conditions for spousal support, child support, custody, access and temporary injunctions. The court will consider these issues if one of the spouses so requests. The assistance, custody or access granted may not last longer than the legal separation itself, and legal separation may not last more than one year and only as long as neither spouse applies for divorce. After a year, the couple must decide whether to stay married or divorce. You may be wondering what the difference is between divorce and legal separation. These are two ways to separate from your spouse when living together is made impossible.
Divorce is when a judge legally ends your marriage. Legal separation does NOT end the marriage. However, the court decides on the issues that must be decided in the meantime. I.C. § 31-15-3-11. The issues in which the court can intervene are the disposition of property, the division of debts and issues of custody, parental leave and child support for the parties. Essentially, legal separation is like a „temporary divorce.” Marital conflict is stressful and exhausting, but the decision to move forward in some way offers a certain level of comfort and peace of mind to many people in difficult marriages. Managing your legal separation in Indiana can have a positive or negative impact on the outcome at the end of the separation, whether you want to stay married or file for divorce. Indiana legal separation lawyers at Keffer Hirschauer LLP 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. Details on how to apply for legal separation in Indiana are described in the Indiana Code § 31-15-3-4.
The law states that an application for legal separation must be reviewed in Indiana and must include the following details: To obtain legal separation in Indiana, you must file a legal separation petition. C.I. § 31-15-3-1. You must explain to the judge in your application why you and your spouse cannot currently live together. I.C. § 31-15-3-3. The court notes that the problems in marriage are currently so unbearable that the couple cannot live together; However, husband and wife must always preserve the marital relationship. The applicant or a partner must reside in Indiana for six months prior to applying. In the region, he intends to use the services for three months before applying. C.I. § 31-15-3-6. The court also decides on custody, access, custody of children and spousal support.
This process is the same as applying for divorce. Nevertheless, after allowing a legal separation, you are still considered married in the eyes of Indiana state law. You will not have the opportunity to remarry, and all legal documents should always state your marital status. Throughout the legal separation, your partner will remain your next of kin. Depending on the company, you will maintain medical and health benefits as part of your spouse`s plan, or vice versa. If you have to decide to stay together, a legal separation is relatively easy to fix. The grounds for application for legal separation and divorce are also different. A couple who want to separate legally must show the court that they can no longer tolerate living together, but that there is a chance of reconciliation in the future.