Filing for Legal Separation in Indiana

Emily J. Schmale

Author: Emily J. Schmale

POST DATE: 7.27.24
Ccha  Family Law

Filing for Legal Separation in Indiana

We all know the added perspective that can be gained from a step back. A legal separation may offer a pause and a moment to step back for spouses who are unsure if they want to continue their marriage. It offers a break from, or pause in, a marriage, but not quite a divorce.

A legal separation in Indiana is a temporary status for married couples that can help them prepare for a divorce or figure out how to reconcile. This article gives a rundown on how legal separation works in Indiana. If separation is what you want, our highly experienced legal team at Church Church Hittle and Antrim can guide you through the process and help you make the best choices for your future. We have been serving clients for more than a century, and we strive to innovate every day so that our clients receive the best representation possible.


What Is a Legal Separation in Indiana?

A legal separation may in some ways be viewed like a trial divorce. In a legal separation, spouses may live apart, and a spouse can receive the following from the court:

  • Temporary child support orders,

  • Orders for counseling,

  • Temporary orders for spousal maintenance,

  • Orders that grant them possession of marital property,

  • Temporary child custody orders, and

  • Protective orders to protect them against marital assets being used or sold without agreement.

The above are many of the same court-sanctioned protections you can receive in a divorce, but a legal separation order is temporary. An Indiana legal separation can last for only one year. A one-year separation may help a couple come back together, or it may give them insight that motivates them to file for a divorce.


Legal Separation vs. Divorce in Indiana

Basically, a divorce decree is the final and official end to a marriage, while a separation decree is not. Both divorces and separations give couples decrees that allocate their finances and allocate their child custody rights, but there are stark differences. 

As we mentioned above, legal separations in Indiana last only one year. Also, couples who legally separate cannot remarry other people, but those who divorce are free to remarry others. And the grounds that a couple can cite for a divorce are different from the grounds for separation. When a couple chooses to divorce in Indiana, their divorce must be for one of the following reasons, and usually is due to “the irretrievable breakdown of the marriage.”

On the other hand, spouses can separate if they can prove that circumstances in their marriage have made living together intolerable, but the marriage should be maintained.

Signing legal separation documents

How to Start a Legal Separation Case

Now that you know the basics of a legal separation, let’s jump into how you obtain a separation.

A separation case officially starts with one spouse filing a legal petition for separation in court.

Where Do I File My Petition?

You must file your petition in a court that has jurisdiction. An Indiana court has jurisdiction over your case only if you or your spouse has lived in the state for at least six months. In general, you must file your case in a county where at least one party is a resident or stationed for military purposes.

What Goes in a Separation Petition?

A petition for separation must include:

  • Information about where each party resides and how long they have lived in their current residence;

  • The relief the filer is seeking in the separation;

  • The names and ages of the couple’s unemancipated children or who are incapacitated; and

  • The grounds for the couple’s separation.

Once the petition is complete, you must pay a filing fee of around $200 to submit it. Then, you must deliver your filing to your spouse to notify them about the case.

Delivering Your Court Filings to Your Spouse

Individuals need to notify their spouses when they file for a legal separation. In many cases, notification requires personal delivery of the separation petition and a summons to the other spouse by the sheriff or a process server appointed by the court. Once your case is open and your spouse receives notice, you can seek a separation decree that provides the relief mentioned above.

CCHA Law can help ensure that your case is properly filed and served upon your spouse so you can receive legal protections while determining whether filing for a divorce or reconciling with your spouse is the best option for you.


CCHA Law Can Guide You Through the Changes in Your Family

Marriage is a longstanding institution, and when there is trouble in your marriage, having the backing of a seasoned and time-honored legal team may be essential to your well-being. CCHA Law has been in practice since 1880, and our award-winning legal team provides exemplary counsel to our clients each day. We can help you through your family law situation. Just give us a call or contact us online to schedule a consultation.


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