Divorce is when a judge legally ends your marriage while legal separation doesn’t end the marriage. A legal separation is like a “temporary divorce.”
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In Indiana, the legal term for divorce is “dissolution of marriage.” Indiana is generally considered a no-fault state, meaning that there does not need to be a specific reason for filing for divorce.
The spouse who wants a divorce simply needs to tell the court that the marriage is "irretrievably broken."
By default, Indiana law divides property, assets, and debts evenly between the two parties. However, a divorce settlement can take any form that the parties can agree on. If the parties are unable to come to an agreement and the case goes to trial, the judge will likely issue a ruling based on the arguments presented by the attorneys rather than divide everything 50-50.
During your divorce, we work diligently with the other side to craft a settlement. If no settlement can be reached and the divorce goes to trial, your attorney will present your case to the judge.
Legal Separation does not terminate a marriage, but it allows the two parties to live separately. Separation grants the court the authority to issue rulings concerning child support, child custody, spousal support, and divisions of property.
A legal separation lasts for a period of one year, at the end of which the individuals must decide whether to pursue a divorce or remain married. If either spouse files for a divorce during the legal separation period, then the divorce case will take over and the legal separation will end.