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Divorce With Children Without AgreementStep 2: Complete The Divorce With Children Without An Agreement Packet.Step 3: Complete A Child Support Obligation Worksheet, Gather Information for an Income Withholding Order, and Check Indiana's Parenting Time Guidelines.Step 4: File Your Completed Forms.More items...
In Indiana, neither the mother nor the father is favored in custody proceedings; rather, each parent is given equal consideration in structuring an arrangement that will serve the best interests of the child or children involved.
Based on the Indiana Code Title 31 - Article 17, Chapter 2-8 through 2-13, "the court shall determine child custody and joint legal custody and enter a custody order in accordance with the best interests of the child factors. There is no presumption favoring either parent."
You need to file a Petition for Legal Separation. In your petition you will need to tell the judge the reasons why you think you and your spouse cannot currently live together.
Don't even consider dating until you have physically separated, even if you or your spouse agree that the marriage is over. The judge (or your spouse) may use it as a reason the marriage failed and (depending on your state's laws) could lead a judge to award more of the marital assets to your spouse.