Legal Separation Attorney in Indianapolis
What are the Advantages of Legal Separation?
In some cases, the circumstances that lead to divorce happen suddenly and without warning. Most times, however, it is a long and gradual process in which the conditions of the marriage steadily deteriorate until they reach a point where the husband and wife simply cannot face the prospect of continuing to spend their lives together. Rather than turning to divorce right away, many people choose to get a legal separation first. This is most common in cases in which the spouses still harbor hopes of being able to salvage the marriage and / or have children.
By legally separating, you and your spouse can give yourselves the time and space you need to work on your relationship without the pressure of living in close quarters. Other people choose legal separation because they cannot divorce due to deeply held religious convictions, while some couples want to avoid divorce so that they can keep insurance and medical benefits.
How to Get a Legal Separation in Indiana
When you petition the court for legal separation, you can obtain orders concerning matters:
These orders will be legally enforceable, meaning that you will have recourse in the event that your spouse violates any one of them. Furthermore, you will have the chance to find out whether the terms of the orders work for you so that you can choose either to accept them as-is or to modify them should you move forward with divorce proceedings.
Frequently Asked Questions
Legal separation is often an excellent choice for couples who are experiencing marital troubles. If you have any questions, do not hesitate to contact our firm at once. To help you begin gaining a full understanding of a legal separation, we have provided answers to some of the most commonly asked questions on this topic. Read through the questions and answers below before making your decision:
What is the main difference between divorce and a legal separation?
Divorce completely terminates a marriage and makes it so the couple is free to marry another person. The wife can also take on her maiden name. Debts and other financial liabilities of one person become their own responsibilities, rather than having both parties responsible. Legal separation is not permanent; in fact it can only last for a year or less. During that time, the couple is still considered legally married and financial responsibilities are shared by both parties.
How can I apply for legal separation in Indiana?
Legal separation is a no-fault process and does neither spouse has to prove that they did anything wrong for a divorce to be obtained. You can make a request to the court on the grounds that the marriage is no longer tolerable and that the couple is unable to live together. If one party has filed for divorce, the other cannot file for legal separation.
What happens to children in a legal separation?
If children are involved when a legal separation is pursued in Indiana, the courts may require the parents to seek counseling for any of the following parties:
- The parents
- The children
- Both parents and children
This action can be taken to make a last effort to save the marriage.
Why get a legal separation?
Every couple's reason for getting a legal separation is likely different than the next. A legal separation is viewed by the court as a period to allow the couple to cool off before making a final decision on the direction of their marriage. It allows the couple an opportunity to seek marital counseling, which is often ordered by the court.
How Our Firm Can Help You
The family law court will grant an order of separation based on evidence that the marriage has reached a point where it is currently not tolerable for the spouses to continue living in the same household. A family law attorney from Bowen & Associates, LLC can represent you in court and present your petition, as well as assist you with working out terms for the various court orders.
We understand that this may be a difficult experience for you, but we are here to help. Take the first step now by contacting us for a free case evaluation.