Indiana Legal Separation Agreement
Indiana grants a court decree of legal separation for a period not to exceed one year, so a couple can live apart under court orders while staying married. Attorney review available.
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Introduction
Indiana grants a court decree of legal separation, but with a feature that sets it apart from most states: the decree is temporary. An Indiana court may grant a legal separation for a period not to exceed one year (Ind. Code 31-15-3-9), after which the couple either reconciles, lets the decree expire, or moves on to a dissolution of marriage. Throughout the separation the spouses stay legally married and neither may remarry. The ground for an Indiana legal separation is also unusual, because it is the opposite of the ground for a divorce: a court decrees a legal separation on a finding that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together, and that the marriage should be maintained (Ind. Code 31-15-3-3). A divorce, by contrast, is granted because the marriage is irretrievably broken. To file, at least one spouse must have been a resident of Indiana for six months and of the county for three months before filing (Ind. Code 31-15-3-6), and a legal separation cannot be started if a dissolution action is already pending (Ind. Code 31-15-3-5). During the separation the court can order maintenance, but that maintenance may not extend beyond the period of legal separation (Ind. Code 31-15-3-11). Indiana divides marital property by equitable distribution rather than as community property, and because that division is the same one used in a divorce, those terms belong in an Indiana Marital Settlement Agreement; if you decide to end the marriage, the pleading that starts it is an Indiana Divorce Petition. DocDraft builds your Indiana legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Indiana grants a court decree of legal separation for a period not to exceed one year (Ind. Code 31-15-3-9), so a couple can live apart under court orders while staying legally married; neither spouse may remarry, and the marriage ends only through a later dissolution.
- 2
The Indiana ground for legal separation is the reverse of the ground for divorce. A court decrees a legal separation when conditions in or circumstances of the marriage make it currently intolerable for both parties to live together AND the marriage should be maintained (Ind. Code 31-15-3-3), whereas a divorce is granted because the marriage is irretrievably broken.
- 3
An Indiana legal separation is temporary. Because the decree may last no longer than one year (Ind. Code 31-15-3-9), the couple must, at the end of that period, reconcile, allow the decree to expire, or file for dissolution of marriage.
- 4
To file for a legal separation in Indiana, at least one spouse must have been a resident of Indiana for six months and of the county where the petition is filed for three months immediately before filing (Ind. Code 31-15-3-6).
- 5
An Indiana legal separation cannot be pursued if a dissolution of marriage action is already pending; a pending dissolution bars a legal-separation proceeding (Ind. Code 31-15-3-5).
- 6
In an Indiana legal separation the court can order spousal maintenance, but the maintenance may not extend beyond the period of the legal separation itself (Ind. Code 31-15-3-11).
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Indiana divides marital property by equitable distribution rather than as community property. Because that division is the same one used in a divorce, those terms belong in an Indiana marital settlement agreement rather than the separation itself; see the Indiana marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Indiana, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Indiana Requirements for Legal Separation Agreement
Indiana grants a court decree of legal separation (Ind. Code 31-15-3). The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later dissolution of marriage.
An Indiana decree of legal separation may be granted only for a period not to exceed one year (Ind. Code 31-15-3-9). At the end of that period the couple must reconcile, let the decree expire, or file for a dissolution of marriage.
A court decrees an Indiana legal separation upon a finding that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together AND that the marriage should be maintained (Ind. Code 31-15-3-3). This is the reverse of the ground for a divorce, which is that the marriage is irretrievably broken.
To file for a legal separation in Indiana, at least one party must have been a resident of Indiana for six months and a resident of the county where the petition is filed for three months immediately before filing (Ind. Code 31-15-3-6).
A legal separation cannot be pursued in Indiana if a dissolution of marriage action is already pending; a pending dissolution bars a legal-separation proceeding (Ind. Code 31-15-3-5).
In an Indiana legal separation the court may order spousal maintenance, but the maintenance may not extend beyond the period of the legal separation (Ind. Code 31-15-3-11). Longer-term support is addressed in a dissolution, not a legal separation.
Indiana divides marital property by equitable distribution rather than as community property. Because this is the same division used in a divorce, set it out in an Indiana marital settlement agreement rather than in the separation itself.
An Indiana legal separation sets the couple's status for up to a year; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the legal separation for status.
Frequently Asked Questions
In Indiana, a legal separation is a temporary court decree by which a married couple lives apart under court orders while staying legally married (Ind. Code 31-15-3). The couple can have the court address maintenance, custody, and property matters, but the marriage is not dissolved and neither spouse may remarry. Indiana law limits the decree to a period of no more than one year (Ind. Code 31-15-3-9). It differs from a divorce, which permanently ends the marriage, and from simply living apart, which by itself does not create a legal-separation status.
Yes. Indiana is a state where a court can enter a decree of legal separation (Ind. Code 31-15-3). What makes Indiana distinctive is that the decree is temporary: it may be granted for a period not to exceed one year (Ind. Code 31-15-3-9). Not every state works this way; some offer only a support or separate-maintenance action, and a few do not recognize legal separation at all. Indiana grants a time-limited decree on a finding that living together is currently intolerable but the marriage should be maintained.
An Indiana legal separation is time-limited. A court may grant the decree for a period not to exceed one year (Ind. Code 31-15-3-9). At the end of that period the couple has to decide what comes next: reconcile and end the separation, let the decree expire, or file for a dissolution of marriage. Any spousal maintenance ordered during the separation also may not extend beyond the period of the legal separation (Ind. Code 31-15-3-11).
An Indiana court decrees a legal separation upon a finding that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together, and that the marriage should be maintained (Ind. Code 31-15-3-3). This is the reverse of the ground for a divorce, which is that the marriage is irretrievably broken. In other words, an Indiana legal separation is for couples who cannot live together right now but are not ready to say the marriage is over.
Yes. To file for a legal separation in Indiana, at least one spouse must have been a resident of Indiana, or stationed at a United States military installation in Indiana, for six months before filing, and a resident of the county where the petition is filed for three months before filing (Ind. Code 31-15-3-6). A spouse who does not yet meet these periods cannot yet file. The requirement mirrors the residency rule that applies to a dissolution of marriage.
A divorce permanently ends the marriage, so both people are single again and free to remarry. An Indiana legal separation keeps the marriage in place and is temporary, lasting no more than one year (Ind. Code 31-15-3-9). The grounds also differ: a divorce is granted because the marriage is irretrievably broken, while a legal separation is granted because living together is currently intolerable but the marriage should be maintained (Ind. Code 31-15-3-3). A legal separation also cannot be pursued while a dissolution action is pending (Ind. Code 31-15-3-5).
During an Indiana legal separation the court can enter orders on maintenance, custody, and the parties' property, though any maintenance may not extend beyond the period of the separation (Ind. Code 31-15-3-11). Indiana divides marital property by equitable distribution rather than as community property. Because that division is the same one used in a divorce, the property and debt terms are usually set out in an Indiana marital settlement agreement rather than repeated in the separation itself.
Yes. Because an Indiana legal separation lasts no more than one year (Ind. Code 31-15-3-9), many couples use it as a step before deciding whether to divorce. Indiana does not treat this as an automatic conversion; instead, a spouse who decides to end the marriage files a petition for dissolution of marriage, which is a separate action. A legal separation cannot itself be pursued once a dissolution action is pending (Ind. Code 31-15-3-5), so in practice the separation comes first and the dissolution follows if the couple does not reconcile.