Indiana Separation and Property Settlement Agreement

State:
Multi-State
Control #:
US-01714-2-AZ
Format:
Word; 
Rich Text
Instant download

Description

This form is a Separation and Property Settlement Agreement. The parties have agreed to a separation due to irreconcilable differences. The agreement also apportions certain property items between the parties. Each party agrees to release and quitclaim his/her right, title, and interest in each item that is apportioned to the other party.
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FAQ

Divorce Law Does Not Prohibit Anyone From Dating You should know first that, legally speaking, you are permitted to date during a divorce. To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.

A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.

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.

How Long Does a Person Need to Be Married in Indiana to Get a Full Share of Assets in a Divorce? There is no statutory definition for a ?long? marriage in Indiana that would entitle a person to a ?full? share of assets in a divorce.

But the law doesn't say that either spouse must get to keep the family home after divorce. If you and your spouse can't agree on what to do with your house, the judge will make a decision based on the specific circumstances in your case.

A legal separation is more formal than just moving apart though. You would need to get a court to approve your decision and put together a legal separation agreement. This is an agreement that divides property, sets an arrangement for raising your children, and ends the financial connection you have to your spouse.

To proceed with a legal separation, the court must agree that the conditions of the marriage make it intolerable for the parties to continue to cohabitate. The court must also find that the marriage should be maintained.

Property Division in Indiana Even though Indiana law doesn't recognize community property, it does require courts to determine an "equitable property division." More specifically, property is divided in a "just and reasonable" manner. In most cases, this means that each spouse gets about half of everything they own.

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Indiana Separation and Property Settlement Agreement