Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Indiana, individuals contemplating the end of their marriage have several options to consider. Divorce, known legally as 'dissolution of marriage,' is a common route, allowing parties to legally terminate their marriage. Before filing for divorce, Indiana law requires a waiting period where the couple must live separate and apart for 60 days. Marriage counseling is often considered before taking legal steps, as it may help couples reconcile or clarify their decision to separate. Legal separation is another option recognized in Indiana, which allows couples to live apart and address issues like property division and child custody without formally ending the marriage. This status can be maintained for up to one year. Annulment is a more limited option, available only under certain circumstances, such as fraud, incapacity, or if the marriage is otherwise considered void or voidable under the law. Each of these alternatives can have significant financial implications, such as the division of marital assets, spousal support, and tax consequences, as well as other effects on children and family dynamics. It is advisable for individuals to consult with an attorney to understand the full scope of consequences associated with each option.