Indianapolis Legal Separation Attorneys

A legal separation is a court proceeding that allows spouses to remain legally married while living apart. The court may enter orders concerning children, financial support, possession of property, and other issues that require structure during the separation.

Unlike divorce, legal separation does not terminate the marriage. The spouses remain married unless and until a divorce is later filed and finalized.

Legal separation and divorce can address many of the same practical issues, including child custody, parenting time, child support, spousal maintenance, and use of marital property. The primary difference is that divorce ends the marriage while legal separation does not.

For some spouses, separation is appropriate because they are not yet ready to divorce, hope to reconcile, or have personal, financial, or family reasons for remaining married.

Learn more about divorce in Indiana.

When spouses have children, the court may enter temporary or separation orders addressing legal custody, physical custody, and parenting time. These orders are intended to provide stability while the parents are living apart.

The court generally considers the child's best interests when determining custody and parenting time arrangements.

A legal separation may include an order requiring one parent to pay child support. Indiana courts generally apply the Indiana Child Support Guidelines when determining the appropriate amount.

Support calculations may consider each parent's income, parenting time, health insurance, childcare expenses, and other relevant financial circumstances.

In certain circumstances, the court may address spousal maintenance during a legal separation. Whether maintenance is appropriate depends on the facts of the case and the requirements of Indiana law.

Our attorneys help clients understand whether maintenance may be an issue and how it may affect the broader separation arrangement.

Legal separation may require temporary arrangements concerning the marital residence, vehicles, bank accounts, debts, and other property. The court may determine which spouse will have possession or use of particular property while the separation is pending.

Because the marriage has not been dissolved, property issues in a legal separation may differ from the final division of the marital estate in a divorce.

The court may enter temporary orders to address immediate concerns while the legal separation case is pending. These orders may involve custody, parenting time, child support, spousal maintenance, use of property, payment of household expenses, or other practical matters.

Temporary orders can provide stability and clear expectations while the parties work toward a longer-term resolution.

Spouses may be able to resolve many separation issues through negotiation or mediation. Reaching an agreement can give both parties greater control over the outcome and reduce the expense and conflict associated with litigation.

If an agreement cannot be reached, the court may decide the disputed issues after hearing evidence from both sides.

A legal separation does not prevent either spouse from later pursuing divorce. If reconciliation does not occur, one spouse may decide that dissolution of the marriage is the appropriate next step.

Existing separation orders and agreements may affect how the divorce proceeds, so it is important to understand the long-term consequences of decisions made during the separation.

Legal separation often involves related issues concerning divorce, child custody, parenting time, child support, and other Indiana family law matters.