If you do not want to divorce your spouse, you may try to convince them to reverse their filing and agree to a legal separation instead so you can both work on your marriage.
A separation agreement should not take too long to draft with a lawyer, so if you are on a budget, you may try hiring 1 by the hour for guidance and advice.
In Indiana, there is a no-fault clause for divorces so you do not need to provide detailed reasons to file for divorce. However, you must do so to file a legal separation.
The property ownership details can be reviewed once the legal separation is over if you and your spouse decide to file for divorce.
The exact amount of the temporary maintenance will be determined by the court and depend on your spouse’s income as well as their debt, if any.
Work with your lawyer to determine the exact amount of child support you should request in the agreement, especially if you are also requesting full custody of your children during the separation.
For a short-term option, you can request a temporary restraining order that requires your spouse to keep their distance for a specific amount of time.
Many public notaries are located close to the country clerk’s office to make the process of filing the petition easier.
You can access a form for filing the summons at the county clerk’s office.
If your spouse does not agree to the legal separation, you may need to negotiate the terms of the agreement with them. Make sure you have your lawyer present during negotiations to ensure they go smoothly.
If you and your spouse want to attend counseling, you can ask your lawyer for recommendations for a good marriage counselor you can go to together.
Some couples will use a legal separation as a first step to filing for divorce down the line.
You or your spouse can also file for divorce before the 1 year time period for the legal separation is over. In this case, the agreements and protections noted in the legal separation will end and the divorce agreement will take over.
