At times a marriage may feel like sitting on some broken glasses or standing on sharp needles. One thing leads to another, and the love you once shared is not more than memories quickly fading. At this point, both cannot tell much about their spouse you once promised to love and to hold until death. The promises turn out to be empty and what is left is a desire to be alone. And at that point, you cannot take it anymore since it feels wrong to stay.
Seeking a divorce right away may not feel right since some societies and religions may not advocate for it. But you have already tried everything in your power, and the final shot is legal separation. The law allows legal separation to pave a period of assessment and trial. There are many advantages to legal separation as well as shortcomings. The legal process can take a toll on you if you are unaware of what to do. This article is filled with answers to all questions about legal separation.
A judge grants legal separation in Indiana to a married couple. Separation requires the couple to be away from each other, either separately in the same house or different household, for some time. Legal separation does not mean the couple is divorced. The legal separation should only last one year or until one party files for divorce. If the year passes, the couple should reach an amicable decision to dissolve the marriage through divorce or stay married.
The couple is required to meet and discuss their concerns with the attorney. This provides a platform to ask questions about the separation to make the right choice in your family's best interest.
Indiana provides a clear procedure on how to go about legal separation. Usually, a judge must be convinced that the conditions and circumstances of the marriage only lead to legal separation. The petitioner can opt for a no-fault reason for seeking separation. Indiana also requires the petitioner to state that neither of the couples has initiated divorce proceedings and that it is important for the marriage to continue for both parties. It is necessary that:
Legal separation does not come easily. However, it comes as a blessing to others. Some couples living apart may not resolve issues like child custody, child support, visitation, and restraining orders. The court can resolve these issues while granting legal separation. Other benefits obtained in a legal separation include:
Legal separation is not a tea party despite the advantages stated above. Considering the disadvantages will prepare or discourage from pursuing a legal separation. The disadvantages include:
In terms of legal procedures, divorce and separation are more likely the same. The two procedures can negatively impact your marriage and relationship with your spouse. Divorce instantly ends a marriage once it is granted. With the zeal to work around their differences should not take this option. The court helps the couple settle all disputes during the divorce procedure. This helps life afterward easier since it is fair and square.
On the other hand, legal separation lasts for a limited period and does not interfere with marriage. It allows you time to resolve pending issues a married couple is facing. In the meantime, they are to stay apart to determine if they are ready for divorce or not.
Anything that gets to the court will automatically need funding. This does not exclude separation, as legal counsel fees and court fees must be met. The minimum cost for filing for legal separation requires a minimum of $176. The respondent is also required to deposit some amount to the court. Legal fees will also affect the cost, while the experience of the council determines how much they charge per hour.
Legal separation does not last for a long time, as it paves the way for negotiations and amendments of personalities. According to Indiana law, the maximum period a separation can last is 12 months. However, the period can be terminated if the couple agrees to file for divorce or one party independently files. From the time one files for legal separation, the time frame required to complete the process requires a minimum of 4 months to a maximum of 6 months. This time could be elongated in cases where issues are contested.
Upon filing a separation petition, it is the responsibility of the court to determine child support and custody of children. All actions are in the best interest of the children and parents. Not every couple can reason about the welfare of the children at such a time. There are factors around custody and support considered by the judge before making the decision. The judge mainly considers financial ability and the ability to care for all needs, including emotional.
The non-custodial parent is required by Illinois law to part with a minimum percentage of their net income. The percentage may go up depending on the number of children.
A trial separation is an option for a couple who has not reached the divorce or legal separation stage. The court does not take part or have enforcements since it is a simple agreement between the two. This allows each party the chance to exhale and conduct a self-assessment to ascertain if they are ready to give their marriage another shot or not.
The two also agree on how to handle their issues without the court's intervention. Couples able to attain a solution at this stage save on resources, even if they opt directly for divorce. Though this may seem informal, it is important to take note of the separation date in case you need to file for separation.
Legal issues are complicated and can confuse people without knowledge of the law. Terms are also difficult to understand, and the need for help arises. Therefore, it is important to consider an attorney to ensure the requirement is in order.
This term refers to a contract signed by the couple to resolve problems about property, children, and debts. The contract is detailed to avoid problems, providing clear and detailed intrusions on how every aspect should be handled. The couple must either prepare their agreement or consult the attorney for help.
A separation agreement is important for it draws the boundaries within the separation time. The separation must include details that are lawful and known to the spouse. Here is a factor that is a must to include in the separation agreement:
Couples who have not been as lucky to have their happily ever after are not bound to unhappiness. Legal separation may provide the solution for a faulty marriage, and all the best to those who re-ignite their spark. However, the law in Indiana does not allow long periods of legal separation. This means an amicable solution has to be reached quickly. It is worth noting that if your partner has already filed for divorce, you cannot file for legal separation.
If you agree upon divorce, it is important to start seeking the right advice and counsel on how to go about it. For people who can foresee their divorce from afar, it is advisable not to go through separation first. Both processes are tedious, and having legal separation first, and divorce later leads to going through the process twice.
All state Approved Forms
Help Starting Over
Marriage Settelment Agreement
Simple Divorce Interview
Court Approved Forms
Forms Completed Online
100% Money Back Guarantee
GetDivorcePapers.Com is an online service that specializes in helping people get divorce papers in their own state.
However, this site does not provide legal advice and use of this site is not a substitute for hiring an attorney licensed to practice in your state.
© 2024 GET DIVORCE PAPERS LIMITED & S S SOLUTIONS LLC
USA - 501 Silverside Rd 105, Wilmington, Delaware 19809
