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A divorce in Indiana is legally called a “dissolution of marriage.” To file for either a divorce or a legal separation, a least one partner must be a resident of Indiana or stationed at a U. military installation in the state of Indiana for at least six months immediately preceding the filing.At the time of filing, at least one party must be a resident of the county or stationed at a U. military installation within the county where the petition is filed for at least three months immediately preceding the filing.A legal separation is not required prior to an Indiana divorce, although a legal separation may provide the divorce court with the evidence it needs of a marriage’s “irretrievable breakdown.” During a legal separation, a judge may issue temporary orders for child support and custody, spousal support (or “alimony”), and counseling.Also in a legal separation, one spouse can still be a beneficiary of the other’s life insurance.While a legal separation in the state of Indiana is not a formal divorce, is not an annulment either.It is a legal agreement between marriage partners to live separately, although simply living apart does not by itself establish a “legal” separation.The two procedures accomplish two different and separate goals, but you will need a divorce law firm to help with either. A legal separation lets spouses live separately while deciding to work on the marriage or to dissolve it.Couples who legally separate remain married, but couples who divorce do not, and they are for all intents and purposes “single” once again.
In the state of Indiana, a legally separated couple is still a legally married couple.
The courts in Indiana will sign off on a legal separation if a judge determines that the couple cannot currently live together but that eventually they may be able to reconcile.
And before any divorce in Indiana can be finalized, a judge must determine that the marriage has suffered an “irretrievable” breakdown.
Legal separation gives a married couple the opportunity to “cool off” before either partner makes a final decision to divorce.
No-fault divorce is the law in this state, so a spouse does not have to prove that the other spouse did anything wrong in order to be granted a divorce.