Summary of Indiana Separation Law

The term “separation” may refer to either an informal separation or a “legal separation.” In Indiana, neither an informal separation nor a legal separation is necessary if spouses are planning on divorcing.

An informal separation (sometimes referred to as a “trial separation”) is simply where spouses no longer live together, but have not filed in court for a separation or divorce and have not executed a legally-binding formal agreement concerning the rights and responsibilities of each spouse regarding the separation.

“Separation” may also refer to a “legal separation.” A legal separation may occur by court order (after the filing of a petition for legal separation in a court of law). In order for a court to award a decree for legal separation, it is required that (a) the spouse have become intolerable towards each other and can no longer live together, (b) the spouses do not wish to terminate the marriage, (c) neither spouse has filed a petition or counter petition for dissolution of marriage or divorce. In type of legal separation, a court will generally decide the same issues as it would in a divorce, including issues related to spousal support, property division, child custody, and child support. A decree of separation is similar to a decree of divorce, except that the bonds of matrimony are not broken with a separation. And, of course, spouses who are merely separated may not remarry. One situation where a legal separation would be sought might be where a couple wishes to avoid a divorce for religious reasons, but otherwise desires that which comes with a divorce (living separately, property division, etc.).