Indianapolis Legal Separation Attorney

Some couples who decide to separate choose legal separation over divorce. Legal separation may be your best option as an interim step to divorce or as a final solution with financial and personal benefits for both parties.

Our family law attorneys in Indianapolis have significant experience handling legal separations. Our Indianapolis legal separation attorneys at Trapp Legal, LLC, know what is at stake in family law cases and will take every possible measure to avoid a contentious future with your spouse. We understand the sensitive nature of legal separation and are committed to protecting your best interests.

What Is Legal Separation?

Legal separation is an arrangement by which couples live apart but remain legally married following a court order. The order mandates the rights and duties of both spouses while they are legally separated. The most basic difference between legal separation and divorce is that the couple remains married and is not free to remarry.

A legal separation is far more formal than a decision to live apart. It involves a court-approved legal separation agreement with a plan for raising children that divides property and affects the financial connection spouses have with each other.

How Does Legal Separation Differ From Divorce?

Divorce and legal separation differ in several important ways:

• With a legal separation, couples retain their marital status and are not free to marry another.
• Reconciliation is simpler after a legal separation. There is no need to remarry, as there would be after a divorce.
• Legally separated spouses are considered next of kin and may still make financial or medical decisions for the other, whereas divorced spouses cannot.
• In a legal separation, each spouse’s rights to property benefits upon the death of the other spouse remain in place. These rights are extinguished in a divorce.
• Debts and liabilities, along with assets, are distributed among the spouses when a marriage is dissolved. In a legal separation, each spouse may still be responsible for the other’s debts.
• Unlike in a divorce, couples who are legally separated retain health care, Social Security and other spousal benefits.

In What Ways Is Legal Separation Similar To Divorce?

When considering legal separation in Indianapolis, you might wonder how it compares to divorce. Both processes can feel overwhelming, but they share several similarities that might help you understand your options better.

Legal separation and divorce both address key issues that arise when a marriage ends. Here are some ways in which they are similar:

• Division of property: In both legal separation and divorce, you and your spouse will need to divide your assets and debts. This includes property, bank accounts and any other financial holdings.
• Child custody and support: Both processes involve decisions about child custody, visitation and child support. The court will consider the best interests of your children, ensuring that their needs are met.
• Spousal maintenance: You might be required to pay or receive spousal maintenance, also known as alimony, in both legal separation and divorce. The court will evaluate various factors to determine if support is appropriate and, if so, the amount and duration.
• Court involvement: Both legal separation and divorce involve filing paperwork with the court and possibly attending hearings. You may find it helpful to work with an attorney to understand your rights and responsibilities.

The court makes some of the same decisions in a legal separation as it would in a divorce. Understanding these similarities can help you make informed decisions about your future. Whether you choose legal separation or divorce, knowing these aspects can guide you through the process with greater clarity.

Why Choose Legal Separation?

As an alternative to divorce, a legal separation may have personal and financial benefits for spouses. However, if you want to remarry, or see no financial benefits to legal separation, you may choose to go straight to divorce. Couples may choose legal separation for a variety of reasons, including:

• Religious prohibitions on divorce
• Financial protection while deciding whether to end the marriage
• Eligibility for health insurance coverage provided by one spouse’s employer
• Tax benefits from filing income taxes jointly
• Social Security and military benefits when a couple remains legally married for at least 10 years

How Civil Union Dissolution Is Different From Legal Separation

When you’re considering ending your relationship, it’s important to understand the differences between civil union dissolution and legal separation. A civil union is a legal status available in some states that provides same-sex couples with rights similar to marriage. Indiana does not recognize civil unions or domestic partnerships conducted within its state borders, but Indianapolis does provide some protections for domestic partners. While dissolutions of domestic partnerships are less common today due to the legalization of same-sex marriage, some couples still have this arrangement.

Here are some differences between a legal separation and a civil union dissolution:

• A dissolution of a civil union is a formal process that ends the legal relationship between two individuals.
• A legal separation, on the other hand, does not end the civil union, but rather allows the individuals to live separate lives while still being legally bound or married.
• Dissolution involves dividing assets and debts, while separation may involve separate living arrangements, but does not necessarily divide assets.
• If you reconcile or get back together after a legal separation, you are still legally married. However, after a dissolution, you would have to remarry.
• You cannot remarry unless your marriage is legally over.

The key difference is that civil union dissolution permanently ends the legal relationship, while legal separation allows for the possibility of reconciliation. Dissolution is final, much like a divorce, whereas separation can be temporary or long-term.

If you’re unsure which option is best for your situation or what the law is in Indianapolis for your relationship situation, consulting with a divorce lawyer can help clarify your options. They can guide you through the legal processes involved in both civil union dissolution and legal separation, ensuring you make an informed decision about your future.

How Do You Legally Separate From Your Spouse In Indiana?

First, you’ll file a petition with the court for a legal separation. Your spouse will be notified of the separation. A separation isn’t a divorce; the marriage is put on “pause,” but it still exists and is not dissolved. A separation does not necessarily lead to divorce, it simply allows two partners to temporarily separate. During a separation, child custody may need to be arranged. Separation is often the first step toward divorce, but it doesn’t necessarily have to be. Indiana does require 60 days of separation before a divorce takes place, as a sort of “cooling off” period.

Does Indiana Recognize Legal Separation?

Indiana actually requires 60 days of separation before a divorce, but that doesn’t mean that couples are automatically divorced after the separation. A legal separation essentially means that you are temporarily separated on a financial and legal level. It allows for child support and child custody agreements to be made, which may then carry over to the divorce later, although these agreements may also change. A divorce can be finalized after the separation window has passed.

How Much Does It Cost To File For Legal Separation In Indiana?

It depends. The filing fees for legal separation are under $200, but you may have other legal fees associated with them. Though you can just file for legal separation on your own, it’s better to have legal help. An attorney can help you draft child custody agreements, figure out child support, and determine spousal support. An attorney can also walk you through the process of dealing with family courts, filing for separation, and ultimately filing for a divorce.

Apart from the legal separation fees, there will also be eventual fees for the marriage dissolution. In general, each party pays for their own attorney during a divorce. In situations where one spouse has an income but the other does not, spousal support and shared assets may be used to pay for an attorney.

How Long Does Legal Separation Take In Indiana?

Separation in Indiana takes 60 days minimum. After the 60-day waiting period, you’re allowed to finalize your divorce. But you might take longer to finalize your divorce, depending on how complicated it is, whether one party is contesting the terms, whether you have children, and whether there are extensive assets involved.

A separation itself can last as long as a year. At the end of a year, you and your spouse will need to determine whether you want to remain separated or whether you want to get divorced. Other states will let you remain separated from your spouse indefinitely, but there is a hard limit in Indiana.

Why Choose An Indianapolis Legal Separation Attorney?

Our experienced Indianapolis family law attorneys at Trapp Legal, LLC, understand that no two cases are the same. We work hard to develop creative and custom solutions for each client we represent. Our firm strives to deliver high-quality, affordable legal services.

We offer a confidential initial consultation. Contact us if you are considering legal separation as an interim step or alternative to divorce.