Do Indiana Divorce Filings Expire?

By Teo Spengler

Each state has its own rules and procedures when it comes to officially terminating a marriage. In Indiana, divorce papers do not suddenly expire when the clock strikes midnight, but couples who ask for a legal separation need to keep an eye on the clock.

Each state has its own rules and procedures when it comes to officially terminating a marriage. In Indiana, divorce papers do not suddenly expire when the clock strikes midnight, but couples who ask for a legal separation need to keep an eye on the clock.

Legal Separation

Indiana's laws regarding legal separation are unique. A court can grant a couple a legal separation, along with orders on child custody, property division and family support, if it finds that the marriage is intolerable but that divorce is not in the couple's best interests.

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Expiration After a Year

Unlike a divorce decree, a decree of legal separation in Indiana is not permanent. The legal separation expires at the end of one year and the spouses once again are considered a married couple. Generally, the couple either gets back together and dismisses the separation decree, or else converts it into a divorce action within the 12-month period.

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Indiana Laws for Separation Before Divorce

References

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Social Security Disability and Common-Law Marriage

Social Security pays disability benefits to qualified applicants who are unable to work due to a long-lasting illness or permanent injury. According to the Social Security rules, the spouse of a beneficiary can also draw benefits under certain conditions. Although federal law governs Social Security, state laws come into play when the question of common-law marriage arises.

If Gays Are Legally Married & Then Split Up, Will They Have to Go Through a Legal Divorce?

Any couple wishing to terminate a legal marriage must travel down the dissolution highway. A married gay couple, like every other couple, can opt for annulment, legal separation or divorce. Different states offer different divorce laws and procedures but they apply with equal force to married couples of any sexual orientation. Married gay couples who live in states that do not permit gay marriage would do best to consult an attorney.

Legal Separation for Common Law Couples

A common law marriage is a union formed by two people without the involvement of governmental or church authorities. Some states continue to recognize common law marriages but many do not. A common-law couple wishing to legally separate my have better luck if their union occurred in a state where common-law marriages are legal.

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