What to Know About Legal Separation in Indiana

A divorce isn’t the only way to break up. When you want the court system to change the legal status of your marriage, you can ask for a legal separation. No, a separation is not as final as a divorce. Still, it can give couples space from each other and give them enforceable ways to organize their finances and parenting responsibilities while living apart. 

If you are looking for a way to separate from your spouse legally, the following article provides information on legal separation in Indiana. While this article can give you the basics of a legal separation, getting in front of a lawyer to discuss your specific circumstances is the best way to know whether separation is a good option for you. Vantage Group Legal Services can link you with an experienced family law attorney when you are ready to discuss your case, so do not hesitate to call or contact us online.  

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Frequently Asked Questions: Legal Separation in Indiana

What Does Legal Separation Mean?

A legal separation is a formal court order that divides a couple’s household while maintaining their marital status. Separated spouses tend to:

• Live apart,  
• Handle their finances separately,
• Parent on their own, and 
• Operate other elements of their lives on their own.

A legal separation can benefit couples who want lives independent of each other but may want to reconcile in the future or remain legally married for religious or financial reasons. It can also be a divorce “dress rehearsal” for couples unsure where to take their union. 

In a separation decree, the court can make decisions regarding the following:

• Property and debt division,
• Spousal maintenance,
• Child custody, and 
• Child support.

You and your spouse can agree on these matters and submit them to the judge to cut down on the time you spend in court. However, you should consult an attorney to negotiate and write the terms of your agreement to ensure that your rights are protected. Next, we discuss how to file for legal separation in Indiana.

How Do I File for a Legal Separation?

To file for a legal separation in Indiana, you need to submit a petition for legal separation to the court. This petition should include:

• The date you married your spouse,
• The identifying information and age of each child under 21 who you share with your spouse,
• The identifying information and age of each incapacitated child you share with your spouse,
• Information regarding whether either spouse is pregnant,
• Residence information for each party in your separation case, 
• The grounds for your separation, and
• What kind of relief you want in your separation decree.

Your filing must be verified, and you must serve your petition and a summons on your spouse. In many cases, a sheriff, deputy sheriff, or someone authorized by the court serves your spouse by personally delivering your petition and a summons to them. 

You can file for legal separation yourself or hire an attorney to assist you. Hiring an attorney to handle your case can ensure you submit all necessary paperwork correctly to start your case as soon as possible.

What Are the Requirements for Getting a Legal Separation in Indiana?

As mentioned above, you must file a petition for separation and serve your spouse with your petition and a summons to begin your separation case. But before you jump into filing for a legal separation in Indiana, you must ensure you meet the requirements. There are many elements to qualifying for a legal separation in Indiana, so let’s get into what they are.

Residence requirements

Before you start filling out paperwork for your separation, you must ensure you meet the state residency requirements. You or your spouse must have been a resident of Indiana for at least six months before you file for separation in the state. Additionally, you can only file in a county where you or your spouse has lived for at least three months. If you fulfill the residence requirements, you must determine if you have the grounds to ask an Indiana court for a separation.

Grounds for separation

There is one ground for a legal separation in the state. Under Indiana law, the court can grant a legal separation when the circumstances of the marriage have made it intolerable for the spouses to live together. If you prove that living with your spouse has become intolerable, but your marital status should be maintained, the court can grant your separation request.

How Long Can a Legal Separation Last?

An Indiana legal separation can’t last longer than a year if neither spouse moves on to file for divorce. Some states allow couples to remain legally separated indefinitely, but Indiana is not one of those states. So, if you are contemplating a legal separation, remember that it is only a temporary legal designation, and you have limited time to figure out what should happen next with your marriage. Our knowledgeable attorneys can help you determine if a separation or divorce filing should be your first submission to the family court.

What Are the Differences When It Comes to Legal Separation vs. Divorce in Indiana?

While legal separation and divorce involve the breakup of spouses and provisions such as maintenance and custody orders, there are some key differences. With a legal separation, you and your spouse remain married, meaning you cannot remarry. Additionally, a separation in Indiana lasts for only one year. With a divorce, however, the spouses can stay broken up for as long as they want and are free to remarry.

What Are the Benefits of a Legal Separation in Indiana?

There are several reasons why couples might choose to pursue a legal separation instead of a divorce. These reasons can include:

• Religious beliefs—some religions do not recognize divorce, making a legal separation a more acceptable option when living together becomes untenable for a religious couple;
• Financial benefits—sometimes, legally separated individuals can claim insurance or other benefits they wouldn’t have access to if they divorced their spouse;
• Hope for reconciliation—if you and your spouse are still working on your relationship and hope to reconcile, a legal separation can provide a temporary break from each other while you work on your issues;
• Tax benefits—a legally separated but not divorced spouse may still be able to file as head of household on their tax returns; and 
• Previewing divorce—separation can help couples determine if they are prepared to be single again and deal with their finances and childcare needs in separate households.

You might have other reasons for contemplating legal separation. If you want to split from your spouse for one of the above-listed reasons or other reasons unique to you, you should consult an attorney to determine what is best for your situation.

What Happens If My Spouse and I Reconcile During Our Legal Separation in Indiana?

If you and your spouse decide to reconcile during your period of legal separation in Indiana, the law allows you to resume your marriage without any complicated legal hurdles.

To officially end the separation proceedings, you can file a joint motion with the court requesting dismissal of the legal separation case. If the court hasn’t yet issued any final orders, this process is usually straightforward. If orders have already been entered (for example, regarding custody or support), you may need to address how those orders should be handled moving forward, either modifying them or agreeing to dismiss them entirely.

Reconciliation can happen at any point during the separation period, but it’s important to keep communication clear and well-documented, especially if financial or parenting arrangements were in place. Reconciliation after legal separation does not automatically undo any court orders. Those must be addressed through the proper legal steps if they are no longer needed.

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Get a Free Consultation About Legal Separation

Embarking on any legal change in your marriage can be scary and full of unfamiliar rules and procedures. But Vantage Group Legal Services is here to help you make the right decisions and to ease your fears. 

We match members of the Indiana community with experienced family law attorneys for an affordable monthly subscription fee. Each of our attorneys has at least seven years of experience, and our members benefit from a strong legal support team. You can contact us today by phone or online to set up a free consultation.