Legal Separation vs Divorce In Indiana

Legal Separation vs Divorce In Indiana

May 27, 2019 Uncategorized 0

When the marriage is broken, the spouses are looking for different ways out of this situation. Quite often to end a relationship seems the only right solution. But before getting divorce spouse should consider all possible options. As in many states in Indiana, there is an alternative to dissolution, and this is a legal separation.

Divorce is a legal process, as a result of which the marriage is deemed to have been dissolved, but in a legal separation, the spouses remain in the official marriage, despite the fact that they follow the same steps as in termination of the marriage. Even though dissolution and legal separation have different results, yet they are quite similar.

It’s called divorce when a judge legally ends a marriage, legal separation is also a process inside the court’s wall, but spouses still stay married even if they don’t live together. Legal separation is a kind of respite during which spouses must figure out what to do next with their marriage. This kind of relationship has some advantages over divorce, for example, in a marriage where religious beliefs are very much honored. But it should be noted that legal separation cannot last more than one year, after the expiration of this period, the couple must decide:  to get an official divorce or save the marriage. If a couple resolutely wants to dissolve the marriage, it is not necessary to wait a year; they can file for divorce at any time after receiving the decree on legal separation.

Legal separation is not a necessary step prior to divorce, but it can be a period of reconciliation when spouses try to get along with each other. At the same time, to be legally separated, the couple must discuss and decide on important aspects of their marriage, such as division of custody of common minor children, separation of marital property, spousal support, parenting plan, child support, visitation, and restraining orders. As a result, the couple must sign a Separation Agreement. And in this case, the legal separation has common features with the divorce, but with the dissolution of the marriage, the Settlement Agreement plays the primary role. If the spouses who got a legal separation, still want to terminate a marriage, their divorce will pass fairly quickly and will be uncontested, since a decree on legal separation has already resolved all the peculiarities and controversial issues of the marriage.

For a judge to consider a divorce case, spouses must have reasons why they want to dissolve the marriage. In Indiana, there are no-fault grounds, which do not require proof, like “irretrievable breakdown” of the marriage and the fault grounds, which require proof of the guilt of one of the spouses: adultery, extreme cruelty, a conviction of a felony or abandonment. In order for the judge to grant a legal separation, statutory reasons are also needed. In Indiana, a separation can be obtained based on one of the following grounds: 1) the circumstances were such that the cohabitation of the spouses is unbearable; 2) the marriage must be maintained.

Read this to learn more on grounds for divorce in Indiana:

Also, for divorce and legal separation, living conditions must be satisfied, and here they are the same. To dissolve a marriage or to get separation, one of the spouses must be a resident of Indiana for at least six months, as well as reside in the county where the case will be considered for at least three months before filing papers with a court.

Read this to learn more on divorce in Indiana:

If spouses want to live separately, they do not have to file for legal separation; they can live apart at any time of their marriage. It makes sense to apply for legal separation in the case when a couple wants to divide all their property and custody of common children through the court.

Legal separation is also known as a “temporary divorce“; it gives the spouse a chance to work out some issues in their relationship and decide what to do next. Either spouse may ask the judge to order a decree on counseling, during which the spouses will solve the problems of their marriage. Perhaps the legal separation can be called the last attempt to save the relationship. If it is impossible to maintain the marriage, the couple can file for divorce at any time.

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