For spouses who aren’t certain they would like to get a divorce, legal separation is available to married couples that reside in Indiana. Legal separation is different than divorce. While the filing of a divorce is the request to end a marriage, a request for legal separation allows a married couple time to decide if they want to get divorced or reconcile prior to filing for divorce.
Legal separation is codified in Indiana Code 31-15-3-3. Indiana couples who aren’t living together can obtain a legal separation for up to one (1) year. After a year has expired, the legal separation will expire and the couple can either reconcile or file for divorce. Legal separation does not begin the process of ending a marriage, but it can allow for a schedule of temporary child visitation, temporary child support, and temporary maintenance payments. Legal separation can be a good choice for couples who want to work to maintain their relationship, but need a break with the added structure of court-ordered financial and child custody/visitation.
If you live in Hamilton, Marion or Boone county, Indiana, and are contemplating whether legal separation might be a good option for you contact Halcomb Singler, LLP, for a Carmel divorce attorney. Please call our Carmel location at (317) 575-8222 for a consultation.
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