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Aug 20, 2024 · While legal separation and divorce involve the breakup of spouses and provisions such as maintenance and custody orders, there are some key differences. With a legal separation, you and your spouse remain married, meaning you cannot remarry. Additionally, a separation in Indiana lasts for only one year. With a divorce, however, the spouses can ...
- What's The Difference Between Divorce and Legal Separation?
- Why Do Couples Choose Legal Separation Instead of Divorce?
- What Does Legal Separation Mean in Indiana?
- What Is A Trial Separation?
- What Is A Separation Agreement?
- How Does Separation Affect Custody?
Divorce and legal separation are two legal procedures available to married couples in Indiana. Although both can have an impact on your marriage, there are significant differences between the two processes. Divorce is a legal method used by couples who want to dissolve (end) their marriage. The court will act on your case after either spouse files ...
Some couples wonder what the benefits are of a legal separation. Others question whether it would be easier to move into separate homes and handle the other issues without court intervention. It's important to understand that a legal separation is different than a physical separation. If you and your spouse decide to live apart without asking the c...
The process starts when one party files a petition with the court. Your request must contain specific information, like each spouse's full name, the names of any children (age 21 and under) from your marriage, the date of your wedding and separation, and your address. You must also demonstrate to the court that you meet the state's residency requir...
For most married couples, divorce or legal separation are both last resort options, especially in Indiana where the law limits legal separations to one year. If you're not sure whether you want to permanently terminate your marriage (divorce) or ask the court to define the terms of your breakup (legal separation), you can agree to participate in a ...
Before the court grants your request for a legal separation, you must put the terms of your arrangement in writing. A separation agreement is a legally binding contract between spouses that resolves child custody, child support, property division, and spousal support issues. Like divorce, if you can't agree on all the terms, the court will decide f...
The similarities between divorce and legal separation don't stop with how the state views your marriage. In fact, when parents ask the court for a legal separation, the court must consider how the arrangement will affect the children. If the parents can't agree on custody and child support, the judges will evaluate what's best for the childrenby co...
Sep 4, 2023 · More specifically, the laws regarding divorce can be found in Indiana Code 31-15-2, while the laws on legal separation can be found in Indiana Code 31-15-3. Generally, the main difference between these two avenues is that when you’re getting a divorce in Indiana, you’re choosing to legally put an end to the marriage.
Apr 4, 2024 · Some use legal separation as a trial run for either divorcing or reconciling. It can also provide a structured framework for resolving child-related and financial issues while you consider your options, including divorce. Note that you may not seek a legal separation in Indiana if you have already initiated divorce.
May 6, 2021 · Divorce and legal separation have similar impacts in numerous methods. Both legal separation and a divorce legally produce a space between you and your partner. You live independently. Your finances are divided. Child custody, support, division of marital possessions, financial obligations, and spousal support are all decided by the court.
Aug 22, 2024 · 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 ...
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Jun 20, 2024 · An Indianapolis divorce lawyer at Keffer Hirschauer LLP will help clients understand issues like the tax basis of property received in divorce, what factors the court will consider when distributing property, and more. To schedule a consultation and protect your assets, call Keffer Hirschauer at (317) 857-0160 or complete this online contact ...