The Second Part The Second of Three Parts: Filing the Petition for Separation
- Obtain the agreement to be signed by both parties, and then have it notarized.
- Put the agreement on record at the office of the county clerk. Bring the signed agreement to the office of the county clerk in the region in which you live in Indiana
- Include a summons for your spouse to ensure that they are aware that the petition is being filed
- Make sure you pay the filing cost.
- Obtain the court’s permission to proceed with the petition.
- (1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and (2) that the marriage should be maintained are the grounds required for a legal separation, as stated in Indiana Code 31-15-3-3.
- A legal separation can only be granted if both of these conditions are met.
- In the state of Indiana, any spouse has the ability to initiate the legal separation process.
What is the legal separation process in Indiana?
- What Does It Mean to Be Legally Separated in the State of Indiana?
- The procedure is kicked off when one of the parties submits a petition to the court.
- Your request has to include certain details, such as the complete names of both of your spouses, the names of any children from your marriage who are under the age of 21, the date of your wedding and the date you divorced, and the address where you currently live.
What is the proper title for a divorce petition in Indiana?
In order to file for divorce in the state of Indiana, the petition for legal separation must have the following title according to Indiana Code section 31-15-3-4: ″In Re the legal separation of (spouse’s name) and (spouse’s name).″
How do I get a divorce in Indiana?
If you want to get a divorce in Indiana, you need to meet the residency requirements first. After that, you can file for divorce if your marriage is still intact but the conditions are intolerable for continued cohabitation in the case of legal separation, or if your marriage is broken irretrievably and there is no chance of reconciliation.
Can you be legally separated in Indiana?
An Indiana legal separation gives a married couple the opportunity to physically and financially separate in a manner that is official but only temporary. This legal ″pause″ in the marriage offers a framework for determining child custody and parenting time in accordance with Indiana law. This is accomplished without the need to end the marriage.
How long does legal separation take in Indiana?
In some states, it is possible for couples to remain legally separated indefinitely. However, if you live in Indiana, the length of your legal separation cannot be longer than 12 months. This means that you have one year to decide whether or not you want to reconcile with your spouse or pursue a divorce.
What are the grounds for legal separation?
- After the marriage has taken place, a petition for a legal separation can be brought on the basis of the following reasons: (1) repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) physical violence or moral pressure to compel the petitioner to commit adultery; or (3) abandonment of the petitioner, a common child, or a child of the petitioner.
How long do you have to be separated in Indiana to file for divorce?
Before a divorce in Indiana may be completed, the state’s law mandates that the parties must be apart for a minimum of sixty days. The parties do not have to be living in different residences in order to file for divorce; nevertheless, the court will need a waiting time of at least six months before the divorce may be finalized.
Does Indiana require separation before divorce?
Even while the state of Indiana does not mandate a legal separation prior to filing for divorce, this does not indicate that a legal separation is not a possibility in the state.
How much does it cost to file for divorce in Indiana?
It is common for each spouse to pay more than $10,000 in order to finalize their divorce, despite the fact that the total cost might be affected by a variety of circumstances. Fees to file for divorce and typical attorney fees vary widely from state to state.
|State||Average Filing Fees||Other Divorce Costs and Attorney Fees|
|Indiana||$157||Average fees: $9,000|
Can you get legally separated?
You are able to legally separate from your spouse through the process of judicial separation. This does not result in the termination of your marriage. You are able to do this even if it has been less than one year after you have been married. To legally separate from your partner, you do not need to provide proof that your marriage is beyond repair. This is not the case when you divorce.
Can I file for divorce if we still live together in Indiana?
- If both partners in a marriage are living in the same residence at the time that one partner submits a petition to end the marriage, then both parties have the initial right to remain in that residence.
- It is possible to relocate during the course of a divorce proceeding, either with or without the approval of the other spouse or in accordance with an arrangement that has been formally approved by the court.
Can you get spousal support in Indiana?
Does the State of Indiana Provide Alimony? Legally speaking, there is no such thing as alimony in the state of Indiana; nevertheless, there is something called ″spousal maintenance.″ In contrast to other jurisdictions, Indiana does not accept the concept of traditional ″alimony,″ and the law also places restrictions on the amount of spousal maintenance that can be awarded.
Does a husband have to support his wife during separation?
When it comes to spousal support, common-law couples are eligible for it once they have lived together for a period of three years or if they had a child together, as long as the connection was at least somewhat permanent. If one of the partners in a married couple need financial assistance, the other is believed to have an instant right to spousal support.
Can a husband file for legal separation?
Any couple that is lawfully married has the ability to petition the court for a judicial separation on the grounds of legal reasons. A judicial separation is a ruling issued by the court that gives married spouses permission to live apart for a predetermined amount of time. On the other hand, in a judicial separation, the spouses remain married even while they live apart.
How do I separate from my husband?
Before the District Court, both parties must appear together with a petition for a divorce in order to satisfy the requirements for doing so. It is important for a married pair to verify that they have been living apart for at least a year before they proceed with the filing of the petition. The filing of statements by the parties is mandatory once the petition has been granted approval.
Can I get a divorce without going to court?
It is possible to have a divorce without having to go to court as long as both parties are in agreement over the reasons for the divorce and the terms of the divorce itself. Despite this, it is still conceivable that you will have to go to court in order for the judge to decide what will happen with the children, the money, and the property.
How long after divorce can you remarry in Indiana?
Adultery-based grounds for filing for divorce
|State||Post-Divorce Remarriage Waiting Period|
|Kansas||30 days unless waived in Decree|
Does adultery affect divorce in Indiana?
In spite of the fact that adultery is generally regarded as a type of marital wrongdoing, it is not acknowledged as a valid reason for divorce in the state of Indiana. Therefore, while determining whether or not to issue a divorce, courts in the state of Indiana will not take evidence or testimony of infidelity into consideration.