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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.
A continuance of any type of hearing must be requested by: Filing a motion to continue with the Clerk before the hearing; or, Making a motion to continue at the hearing. Agreed motions to continue must be filed or made in the same manner.
When a child turns 19 years old, the child is emancipated by operation of law, and the non-custodial parent's obligation to pay current child support terminates. An exception is if the child is incapacitated. In this case, the child support continues during the incapacity or until further order of the court.
Legal separations in Indiana are temporary by design. They last only for one year. After that, the couple will either need to reconcile or go forward with a divorce. On the other hand, divorce orders remain in effect until the court changes them.
While Indiana divorce law does not prevent a person from dating while they are going through a divorce, and courts do not usually consider whether or not one of the spouses has begun dating again when making financial decisions about property division or maintenance (unless the dating is serious and could affect a ...
No. You can simply move out and live separately. However, if you want court orders on the marital property and debts or about the children, you should file for a legal separation.
An Indiana legal separation allows a couple to formally, but temporarily, separate physically and financially. This formal ?pause? to the marriage provides structured child custody and parenting time arrangements under Indiana law without dissolving the marriage.
In some states, couples can stay legally separated indefinitely, but in Indiana, your legal separation can't exceed 12-months, which means that you have one year to decide whether you want to reconcile or file for divorce.