Separation Agreements in Carmel, IN: Your Path to Resolution

Steps to File for Legal Separation in Indiana

A rocky marriage is not necessarily one that is meant to end. When you and your spouse need time away from one another but do not want your marriage to end, you should consider how legal separation might be the solution you need to get your thoughts collected once again. At Roberts Means Roncevic Kapela, our Carmel and Indianapolis legal separation attorneys can sit down with you and your spouse to discuss the possibility of a legal separation.

Understanding Legal Separation: What You Need to Know

Divorce has an air of finality to it that is simply too powerful, too permanent for some spouses that are thinking their marriage was not meant to last forever. If the concept of divorce is causing you to have any hesitation, you should not force yourself into it. Instead, legal separation may be the solution you need.

Consider what makes legal separation unique:

• Your marriage does not officially end.
• Legal separation is only temporarily, usually lasting 12 months.
• Filing can be simpler and cost less.

For all the good reasons why legal separation is unique, there is an entire list of benefits to legal separation that are similar to the same you would find in a divorce. In a legal separation, you can create “orders of legal separation” that act like divorce orders in the way that they regulate aspects of your life so long as the legal separation persists, or you and your spouse live in different homes.

Legal separation orders can pertain to:

• Spousal maintenance
• Child custody
• Child support
• Property possession
• Visitation rights
• Mandatory counseling

To make your legal separation feel more like a moment to catch your breath and less like a contest, orders of legal separation should be used to the advantage of both spouses. If you do not consider the financial and parental needs of your spouse, you may just encourage them to file for a full divorce. Once you or your spouse files for divorce, a legal separation cannot be granted, as their right to divorce cannot be taken away.

Legal Separation and Protective Orders: Important Considerations in Indiana

Legal separation is often the solution to heated family law disputes that involve a single incident of domestic violence. When emotions get out of control and physical abuse occurs, the two spouses clearly need to time and space from one another but they may not necessarily want their marriage to end, either for personal or religious reasons. If you are considering legal separation after a domestic violence incident, be sure to talk to your attorney about simultaneously filing for a protective or restraining order.