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Divorce vs. Legal Separation in Indiana

by | May 6, 2021 | Divorce

When you’re experiencing marriage troubles, it’s not easy determining what tip you need to take next. You’ve probably heard of divorce vs. legal separation in Indiana? While divorce is an alternative, there are options you might intend to check out first. A legal separation is an option readily available in Indiana. What is a legal separation vs. divorce in Indiana? Before you can figure out if a divorce or a lawful separation is best for your situation, below are the differences between legal separation vs. divorce in Indiana. But first, if you are considering a legal separation or divorce in Indiana, phone call Indiana divorce lawyer, Zentz & Roberts, P.C at [nap_phone id=”LOCAL-CT-NUMBER-1″] for assistance today.

Exactly How is a Legal Separation and Divorce Similar

Divorce and legal separation have similar impacts in numerous methods. Both legal separation and a divorce legally produce a space between you and your partner. You live independently. Your finances are divided. Child custody, support, division of marital possessions, financial obligations, and spousal support are all decided by the court. Mainly in a divorce, your marriage is officially finished. Your marriage to one another is over. You are free to remarry. If a divorce is your choice, you can live the remainder of your life, progressing as a bachelor or bachelorette, respectively. Whereas in a legal separation, nonetheless, you continue to be legally married per various others. You must remain to note that you are legally married on forms. Remarrying is not permitted. You still deserve to inherit from each other. A child born to a wife is also legally the child of the partner unless verified otherwise.

Legal Separation Explained

To obtain a legal separation in Indiana, you require to submit a Request for Legal Separation. I.C. § 31-15-3-1. You must explain to the judge why you and your spouse cannot currently live together in your request. I.C. § 31-15-3-3. The court determines that problems in the marriage are presently so unbearable that the couple can not live together; however, the husband and wife should nevertheless preserve the marital relationship. The applicant or any partner must reside in Indiana for six months before applying. In the region, he or she intends to use the benefits for three months before applying. I.C. § 31-15-3-6. The court will also decide concerns of custody, visitation, child assistance, and spousal support. This process is the same as filing for divorce. Nonetheless, after a legal separation is approved, you will still be considered married in the eyes of the laws of the State of Indiana. You won’t have the ability to remarry, and any legal documentation should still show your marital status. Throughout the legal separation, your partner will remain to be your next of kin. Depending on the company, you maintain medical and healthcare benefits under your spouse’s plan or vice versa. Must you choose to stay together, a legal separation is relatively easy to fix.

Divorce Explained

Indiana has a “No-Fault” divorce, which implies you do not have to verify either spouse did anything wrong to get a separation. (A divorce is in some cases called “dissolution of marriage“; both imply the same point). The spouse that desires a divorce has to tell the court that the marital relationship is “irretrievably damaged” to obtain a separation. Keep in mind that a divorce in Indiana is the irreversible termination of a marital relationship. A divorce means that you can remarry whenever you wish once the mandate is released. Additionally, if a will is in place, divorce will immediately reverse any gifts you intend to leave to your ex-spouse. You secede your right to each various other’s healthcare benefits, and also court orders concerning child custody, visitation, child support, the division of possessions, and spousal maintenance will be decided. If you intend to integrate with your ex-spouse in the future, you will have to marry again. The state of Indiana requires that you and your spouse live in Indiana for six months before you can file for divorce. You’ll need to submit your divorce in the area you have lived for the past three months. Once your documents are submitted, you’ll require to wait 60 days for your divorce to be final.

A Divorce vs. Legal Separation in Indiana. Which is Better?

Legal separation can be a stopping point heading to divorce. It permits a couple to fix all the essential concerns (safekeeping and monetary problems) in their lives while maintaining the marriage undamaged and establishing what they desire. A legal separation is relatively easy to fix. A divorce is the last option, and there is no going back. A legal separation may likewise be much easier for your children since you remain married, and it does not seem as devastating and final as a divorce.

Do You Need a Legal Separation or a Divorce?

If you need to assess the merits of divorce vs. a legal separation in Indiana, you need the assistance of a divorce attorney. Call divorce law firm, Zentz & Roberts, P.C at [nap_phone id=”LOCAL-CT-NUMBER-1″] or email

***Please note: This page is not intended to give specific legal advice but is meant for information purposes only. Contact us to discuss your case***