Unhappy married couples can file for legal separation and divorce in Indiana. Both will change the state of a married couple’s relationship, so it is important to fully understand each option before choosing which is more suitable in your case.
Filing for divorce will permanently end a marriage, but legal separation will not. Rather than turning to divorce right away, many couples choose to look into marriage separation first.
With legal separation, couples remain married and will be given enough time and space to work on the relationship without the pressure of living in close quarters. The court views this as a period to seek marital counseling and allow couples to cool off before making a final decision on the direction of their marriage. This is common in cases where spouses are hoping to salvage the marriage because of their children. Others choose marriage separation because of deeply held religious convictions and to keep insurance and medical benefits.
Filing for legal separation in Indiana has similar initial remedies as a divorce. The court may give preliminary orders to address the marital estate and child-related matters. However, this expires one year after filing.
With divorce, on the other hand, there’s a complete dissolution of marriage. Each individual is free to marry another person. The wife can also use her maiden name. Financial liabilities now become individual responsibilities. Couples must have an agreement that outlines their plans of resolving issues related to spousal support, property division, child support, and child custody. The couple should comply with the terms of this agreement once it has been finalized.
The grounds for filing for marriage separation and divorce are also different. Couples that wish to legally separate must show proof to the court that they can no longer tolerate living with one another. The grounds for filing divorce include an irretrievable breakdown of a marriage, felony conviction, impotence, and diagnosis of insanity for at least 2 years.
It is important to note that Indiana is a “no-fault” state. Proof is only required if you are filing for any other reason other than an irretrievable breakdown of a marriage.
If you plan to file for a legal separation or divorce in Indiana, it may be beneficial for you to consult with a lawyer who is skilled in that area and can walk you through the benefits and risks.
The end of a marriage can be difficult and emotional. Financial concerns loom, and parenting rights may be threatened. While no one can make that easy for you, Maxine E. King can help ease your burden by giving you a step-by-step guide that will walk you through the whole legal process.
Maxine E. King deals with legal separation and all types of divorce matters. While she always works to accomplish a marriage separation and divorce as efficiently as possible, you can be sure that she’ll do everything in her power to act in your best interests while doing so.
Legal separation and divorce can both have a sudden effect on your emotional and mental health. Maxine E. King will take the time to understand your case in an effort to help you find the best legal solution possible. She’ll explain the law, both procedurally and substantively. She has keen insights into what works and what does not.
A customized parenting plan can also be made to help decrease your child’s exposure to parental conflict. All issues involving properties and other complex assets will also be considered.
To learn more about your options, contact the law office of Maxine E. King now and schedule a consultation. She’s a compassionate lawyer that will help you make the right choice for your future and your family.
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