Divorce and Legal Separation

Divorce changes many aspects of a person’s life. Families encountering divorce are in a state of transition as they determine how to divide property, and when applicable, how to resolve child custody, parenting time, and child support. Obtaining effective and respected legal representation can make the process easier.

Indiana is a “no fault” state, and this means two things:

1. A spouse does not need to prove fault by the other spouse to obtain a divorce.
2. A fault is not relevant to decisions about children and property division, except when the fault involves financial misconduct.
   
   

Either party may petition for divorce by alleging that there has been a breakdown of the marriage. Both spouses do not have to agree that the marriage is irretrievably broken for it to dissolve. In Indiana, once a petition has been filed requesting a divorce, the divorce can be accomplished as early as in sixty days, but the process often takes longer.

Some couples may not be ready to file for divorce but want to separate temporarily. Legal separation can be filed for those that want a trial separation while remaining legally married. When a legal separation is filed, orders can be issued on payment of expenses, property, child custody, parenting time, and child support.