This document provides for the final distribution of any assets and debts of the parties, provides for support of any children of the marriage and any other agreements reached between the parties.
Indiana Marital Legal Separation and Property Settlement Agreement no children OR adult children
State:
Indiana
Control #:
IN-803D
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Word;
PDF;
Rich Text
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FAQ
A commonly asked question about legal separation that I hear often is Can I date while I am legally separated? Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.
Marital Settlement Agreements, reached between the parties in writing and signed by the parties, become legally binding when approved by the court at the time of the final court hearing.Once approved by the court, such post judgment stipulations do become legally binding and enforceable between the parties.
A legal separation is a popular alternative to a divorce when the parties are unsure of the state of their marriage but want to establish financial boundaries and responsibilities, such as separation of assets, custody of dependents, and child support.
Mistake #1: using your divorce proceedings to get back at your spouse. mistake #2: confusing material needs with emotional needs. mistake #3: letting other people define and prioritize your needs. mistake #4: embarking on an adversarial process without. mistake #5: not thinking about the family's finances as a whole.
In Indiana, unlike some state, the mandatory waiting period from the date of the filing of the divorce petition until the divorce can be final is sixty (60) days. That doesn't mean that all divorces can be finalized in 60 days, but it does mean that, for most people, you only have to wait a few months to start dating.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
Enforcing an MSA must be done by filing a formal request or motion (legal paperwork) with the court. You will need to show the court how your ex-spouse failed to follow the terms of the agreement. There are many reasons you may need to ask the court to assist you with enforcing your agreement.
Separation simply means living apart. You do not need to file court papers to separate and the law does not require you to live with your spouse.Legal Separation is a major change in the status of your marriage. To get a legal separation in states that recognize this status, you must file a petition in the court.
How long does a legal separation last? A legal separation can last up to one year. After one year you should be ready to decide if you want to get a divorce or get back together with your spouse.