what are the steps for getting a legal seperation?

Answer 1

In my state, you have to be living in separate households, for like 3 months. No sexual contact. After the 3 months is up, then you should be able to petition the courts for a divorce.


Legal Separation
In order to get a legal separation in Indiana, one of the spouses must have been a resident of the state for 6 months and the county for 3 months immediately prior to filing for legal separation. A legal separation may be granted on the grounds that living together is currently intolerable for one of the spouses. A legal separation does not end a marriage, rather it only is a court order recognizing that the parties wish to reside separately.

What is a Legal Separation?

A Petition for Legal Separation initiates an action that does not legally end a marriage, but allows the court to issue orders concerning child custody, child support, parenting time (visitation), spousal maintenance (alimony) and temporary division of property. The parties remain married, but live separately. A legal separation may be decreed by the court for a period not to exceed one year upon a finding that conditions in or circumstances of the marriage render it currently intolerable for both parties to live together but that the marriage should be maintained.

A legal separation may not be commenced or pursued if an action for dissolution of marriage is pending, or if a counter-petition for dissolution of marriage is filed by the respondent spouse. If a legal separation is granted, the court may continue the marriage for a period not to exceed one year from the date of the legal separation decree. At any time prior to the expiration of the one year, the parties may petition the court to dismiss the legal separation or convert it to a dissolution of marriage. If no action is taken, the legal separation ceases at the end of the one year period.


Indiana Code Law

IC 31-15-3-3
Findings required for decree
31-15-3-3 Sec. 3. Legal separation shall be decreed upon a finding by a court:
(1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and
(2) that the marriage should be maintained.
As added by P.L.1-1997, SEC.7.

Answer 2

Getting a lawyer is the first step, then it's between you and your lawyer what the next steps will be. And not a legal separation is NOT a waste of time since it is NOT an indication a divorce in eminent. I've known couples who have been legally separated wind up back together because they were able to iron out their differences. A legal separation no matter what is NOT a disillusionment of marriage, that only comes from divorce.

Answer 3

You don't want to get a legal seperation, it's a waste of time and money. Once you file for divorce, you become legally seperated anyway.

Everyone who gets a legal seperation ends up divorce anyway, so why spend the money and waste the time? All it does is postpone you starting a new and happier life.

Answer 4

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