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What is a legal separation?

On Behalf of | Jul 16, 2024 | Family Law

You have two options when you wish to end your marriage. You can go through a divorce, which permanently ends your legal relationship, or you can opt for a legal separation.

It will not end your marriage, but according to the Indiana General Assembly, it will give you some of the benefits of a divorce.

Issues at hand

With a legal separation, you can create an agreement much like you would if you divorce. Through the agreement, you can figure out child custody and support. You may also be able to get spousal support and manage the property. You get all the structure of a divorce without taking the final step to end your marriage.

Guidelines

To file for a legal separation, you cannot live with your spouse when you file. You must be a resident of the state and the county in which you file.

The function

A legal separation gives you a chance to try out divorce. You may decide it does not work and you want to give your marriage another try.

Do note that the separation ends after one year. Along with it, ends all orders, such as those for child support. At that time, you will need to make a final decision on your marriage. Many couples will decide to go ahead and file for a divorce. In this case, you already have a basic agreement in place, so it can move things along more quickly.

A legal separation does not end your marriage. You cannot remarry. The process is to help couples make a final decision on whether to divorce.