Legal Separation in Indiana: What You Need to Know
Sometimes couples need space and time to step back before making a final decision about their marriage. Legal separation can provide that pause — offering a way to live apart, protect your rights, and reflect on whether to reconcile or move toward divorce. At Thrive for Life Counseling, we often work with couples who are navigating this difficult season through virtual therapy, marriage therapy, and couples counseling online in Indiana, Illinois, Florida, Missouri, and New Jersey.
What Is Legal Separation in Indiana?
Legal separation is similar to a “trial divorce” but without permanently dissolving the marriage. During a legal separation, spouses may live apart and request temporary orders from the court, including:
Temporary child support
Temporary spousal maintenance (support)
Temporary child custody and parenting schedules
Possession of marital property
Counseling orders
Protective orders to prevent misuse or sale of marital assets
These protections are similar to those available in a divorce but are temporary. In Indiana, a legal separation can last up to one year.
Legal Separation vs. Divorce
While both separation and divorce involve formal court orders regarding finances and child custody, there are important differences:
Divorce permanently ends a marriage, allowing each spouse to remarry.
Legal separation does not dissolve the marriage, meaning spouses cannot remarry during the separation period.
Indiana law allows divorce for several reasons:
Irretrievable breakdown of the marriage
Felony conviction of either spouse after the marriage
Impotence existing at the time of marriage
Incurable insanity lasting at least two years
Legal separation, on the other hand, is for couples who can show that living together has become intolerable but who believe the marriage should still be maintained.
Filing for Legal Separation
When a spouse decides to pursue legal separation, it’s wise to consult with a family law attorney, though individuals can file on their own. A petition for legal separation must include:
Current addresses and length of residency for both parties
The relief being requested (support, custody, property possession, etc.)
Names and ages of any unemancipated or incapacitated children
The legal grounds for the separation
A filing fee is required, and once the petition is submitted, the other spouse must be served with the documents to notify them of the case.
Conclusion
Choosing legal separation can be an emotionally charged decision. If you and your spouse are considering separation or divorce, virtual couples therapy or marriage counseling online can give you a safe space to process feelings, clarify goals, and decide what’s best for your future.
Thrive for Life Counseling provides affordable online counseling, therapy for anxiety, therapy for depression, and couples therapy online for clients in Indiana, Illinois, Florida, Missouri, and New Jersey. Our sessions are 100% virtual and we accept most major insurance plans.
Take the first step toward clarity and peace of mind. Schedule a consultation with one of our experienced therapists today.
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