Do You Have to Be Separated in Indiana Before You Get Divorced?

By Elizabeth Stock

While you do not need to be separated from your spouse prior to filing for divorce, you must live separately from your spouse for a minimum of 60 days before the court will grant the divorce. In addition, there are several requirements before you can file for divorce in Indiana. For example, you or your spouse must live in Indiana for at least six months and you or your spouse must live in the county where you file the divorce petition for at least three months.

While you do not need to be separated from your spouse prior to filing for divorce, you must live separately from your spouse for a minimum of 60 days before the court will grant the divorce. In addition, there are several requirements before you can file for divorce in Indiana. For example, you or your spouse must live in Indiana for at least six months and you or your spouse must live in the county where you file the divorce petition for at least three months.

At-Fault Divorce

When filing for divorce in Indiana, you must state the reason, or grounds, for the divorce. The reason can be the fault of one party; this type of case is called an at-fault divorce. Under Indiana law, grounds for an at-fault petition include an incurable mental disease that persists for at least two years, impotence at the time of marriage, and a felony conviction of one spouse after the marriage begins. To be granted a divorce, you will need to show the court that your spouse is responsible for the divorce by providing evidence of one of these circumstances.

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No-Fault Divorce

In addition to the at-fault reasons for divorce, Indiana, like all other states, allows a spouse to file for a no-fault divorce. A no-fault divorce means that you will not need to show the court that your spouse did anything wrong in order to have the court grant your divorce. To file for a no-fault divorce in Indiana, file the divorce petition with the court stating that the divorce is irretrievably broken. In a no-fault divorce case, if one spouse would like a divorce, there is nothing the other spouse can do to prevent it.

Cooling-Off Period

After you file for a no-fault divorce in Indiana, you must wait at least 60 days before your divorce will be finalized. During this time, you and your spouse must live apart from one another. However, if you and your spouse disagree about important aspects of your divorce like child support or the division of the marital assets, it may take longer than 60 days to resolve these issues. If you and your spouse agree about all issues, you can create a written agreement that allows for the divorce to become final immediately at the end of the cooling-off period. In contrast, if there is a chance of reconciliation, the court can postpone the divorce for an additional 45 days. If the case has been continued and 90 days pass without a request to terminate the marriage, the court can dismiss the divorce case.

Legal Separation

Indiana also recognizes legal separation as a temporary alternative to divorce. Legal separation may be an attractive option for you if you are living apart from your spouse and you would like marital property and custody issues decided without terminating the marriage. However, after one year, the legal separation ends and the spouses have the option of returning to their married status or continuing with the divorce.

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Can a Divorce Be Denied?

References

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Arkansas Laws for Separation

Marital separation can be particularly complicated in Arkansas because the state recognizes two types of marriages and three kinds of legal separation. Sorting through all the laws and rules pertaining to each can be daunting, but the method of separation you choose comes down to a few basics: your personal preferences, your ability to negotiate and how you got married.

Types of Divorce in South Dakota

When spouses decide to end their marriage, one or both of them must file for divorce. To be eligible to file for divorce in South Dakota, the filing spouse, called the Plaintiff, must be a resident of the state. The divorce petition must be filed in the Plaintiff's county of residence, unless the Defendant, the other spouse, also resides in South Dakota, in which case the petition may be filed in the Defendant's county of residence.

How do I Get an Annulment in Indiana?

Divorces effectively sever the legal relationship between a couple, thus Indiana courts have the authority to fairly divide a couple's property, taking into account each spouse's present economic circumstances as well as contributions made during the marriage. However, the state also recognizes annulments, which are used to erase a marriage and restore each party to a position as if the legal relationship never existed. Instead of dividing the couple's property, the court will determine ownership based on which spouse acquired the asset.

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