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To grant a legal separation, an Indiana court must find that conditions in the marriage are currently so intolerable that the couple cannot live together, but the marriage itself should nevertheless be maintained.A legal separation is not required before filing for divorce in Indiana, but a period of legal separation in which the couple is unable to reconcile may help the court determine an "irretrievable breakdown" has occurred.The worst case scenario tends to occur when a spouse unsuccessfully attempts to hide a dating relationship from their former partner, which is likely to create significant problems during your divorce.Even worse, email, text messages, phone calls, and all communication activities may easily be tracked and brought to the forefront, making your case look even worse in the eyes of the court.Petition for Dissolution The petition must be verified and signed by the party seeking dissolution and must set forth the residence of each party and length of residence in the state and the county, the date of the marriage, date of the separation of the parties, the names, ages, and addresses of any living children of the marriage that are under 21 years old or incapacitated, whether the wife is now pregnant, the grounds for dissolution, and relief sought from the court.If the wife wants her maiden name restored, she must ask for it in the petition.Couples who are legally separated are still married; after a divorce, the partners are single again.Thus, legal separation and divorce serve two separate functions.
It is difficult to evict a spouse without a hearing.
If the judge believes that one partner has been unfaithful, the court may end up deciding to place more of the onus of the divorce on your behavior instead of your spouse, leading to an inordinate amount of blame pointing to you for the breakup of the relationship.
In the event this happens, probabilities dictate that you will end up having to pay more alimony or receive less spousal support than if you weren’t seen to be conducting your personal affairs in a way that may be considered adultery.
Divorce Basics Indiana is a no-fault state, which means that the reasons for the breakdown of the marriage are irrelevant to the court.
Most commonly, a petition for dissolution will state that there has been an irretrievable breakdown of the marriage and it should be dissolved.