FOR A FREE INITIAL CONSULTATION
Reduce Debt Through the Protection of Bankruptcy Laws
Serving All of Porter, LaPorte & Lake County, Indiana
Divorce is the legal termination of a marriage. Divorce requires the division of assets and dissolves the marital union. If you are unsure whether you should get a divorce or not, you may be interested in a legal separation.
Some couples choose to file for a legal separation while they work through issues and make a final decision about the marriage. A legal separation allows for court orders to be filed for issues like child custody, child support, and temporary division of assets while keeping the marriage intact.
Length of Separation
A legal separation in Indiana can last for a maximum of 12 months and is not required in order for a couple to finalize their marriage in divorce. The couple is not required to wait the 12 months to make a decision. At any time during the divorce, the couple can choose whether they’d like to stay married or get divorced.
During the legal separation, a couple is still considered married by the state of Indiana. This means that the spouse is still eligible for life and health insurance benefits under the other’s plan. It also means that the marital debt is still a responsibility for both spouses, which would not be the case in a divorce.
Child Custody, Child Support, And Spousal Maintenance
During your legal separation, you may determine a need to execute an agreement for child custody, support and spousal maintenance, depending on your specific situation. If this is the case, it is important for you to seek the advice of Cioe & Wagenblast, PC who can inform you on your legal rights.
Your Rights in Legal Seperation
A legal separation does not end a marriage. For this reason, some couples may think they are “saving money” by filing the petition with the court without the assistance of a lawyer. However, even though a legal separation does not end the marriage, it is still a legal proceeding that may involve written agreements for child and spousal support payments and a temporary division of assets. You can best protect your rights by hiring a lawyer and be provided with legal advice regarding a legal separation.
202 Monroe Street, Valparaiso IN 46383