Legal separation in Indiana is considered and used by litigants and attorneys for a variety of reasons; however, there are two key reasons. The first is to provide a “wake up” call to the opposing party that the marriage is weak or has other key problems, such as addiction or substance abuse. Legal separation gives the parties an opportunity to seriously work on the reasons the marriage is deteriorating, yet at the same time, provides them with the legal tools to begin preparing for the possibility of divorce.
The second reason is to give creditors and third parties public notice that the marriage is in jeopardy. A legal separation in this context may have the same negative consequences associated with divorce. For example, the parties may suffer an impairment of credit or, if there is a family owned business, competitors are made aware of the struggles/trouble within the family unit.
Ultimately, a filing for legal separation in Indiana involves the same initial remedies as a divorce. A trial court may issue preliminary orders to address the marital estate and child-related matters. A legal separation, however, expires one year after filing. Most courts will allow a legal separation to be converted into a divorce at which point the case will proceed on the divorce track.
If you plan to file for a legal separation Indiana or this makes sense based on what it may do to preserve the family unit, it may be beneficial for you to consult with an attorney who is skilled in that area and can walk you through the benefits and risks – the how to file for legal separation in Indiana. If this is the course you ultimately seek with counsel, it will allow time to correct breakdown in the family, and at the same time prepare for the possibility of divorce.
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