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FAQ
After one year you should be ready to decide if you want to get a divorce or get back together with your spouse. If either spouse files for a divorce during the legal separation period, then the divorce case will take over and the legal separation will end.
What Does Legal Separation Mean in Indiana? 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.
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.
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.
The filing fees for legal separation are under $200, but you may have other legal fees associated.
How long do you have to be separated before a divorce in Indiana? Indiana divorce law requires a separation period of 60 days before a divorce can be finalized. The couple does not need to be separated prior to filing for divorce, but the court does require this waiting period before the divorce can be finalized.
In order to find an individual in contempt, a court must be able to determine that the party in question acted in willful disobedience of the court's order. If an individual has to seek court intervention, a motion explaining the circumstances must be filed with the court and a hearing would be requested.
To obtain a legal separation, you need to file a Petition for Legal Separation. I.C. § 31-15-3-1. In your petition, you will need to tell the judge the reasons why you think you and your spouse cannot currently live together.