Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.
And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.
But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.
Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.
In Indiana, legal separation is a legally recognized status that allows spouses to live apart while remaining legally married. The process of legal separation in Indiana is supervised by the court, which can issue orders regarding child custody, child support, spousal support, and division of property. These orders are similar to those that would be issued in a divorce proceeding but do not end the marriage. Indiana law allows for legal separation for up to one year. After one year, the parties must decide whether to reconcile, remain separated without further legal action, or proceed with a divorce. Spouses may also enter into a written separation agreement that outlines their rights and responsibilities during the separation period. Unlike some states, Indiana does not require spouses to be legally separated before filing for divorce. The relevant laws regarding legal separation in Indiana can be found in the Indiana Code, particularly within the sections pertaining to family law and domestic relations.