I am thinking about If either spouse files for a divorce If I am legally separated, during the legal separation period, divorcing my spouse, but then the divorce case will take over can I still get support for am not sure if I should. Is and the legal separation will end. myself and my children there anything else I can from my spouse? All orders of a legal separation end do? when the legal separation ends. Yes. In fact, you can ask for Yes. You can file a legal separation temporary maintenance, child from your spouse. You can do this What do I have to do to custody, possession of property, and when you don’t want a divorce, but get legally separated from child support. You can also ask for you cannot currently live with your my spouse? temporary visitation rights, spouse. counseling, a temporary restraining You need to file a Petition for Legal order or a protective order. What is the difference Separation. In your petition you will need to tell the judge the reasons why The court will not automatically grant between divorce and legal you think you and your spouse these orders; you need to request separation? cannot currently live together. them first.

Divorce is when a judge legally ends Either you or your spouse must be a What is temporary your marriage. Legal separation resident of Indiana, and a resident of maintenance? doesn’t end the marriage. The court the County where you file, for six can, however, issue orders like the months before you file the petition. Temporary maintenance is money ones issued in a divorce case paid from one spouse to another concerning property, debts, and Can I file for legal during the legal separation. It is children. A legal separation is like a generally intended to preserve the “temporary divorce.” separation if my spouse has already filed for a standard of living of the family. How long does a legal divorce? You mentioned that there separation last? No. If your spouse has filed for was a possibility of A legal separation can last up to one divorce, you will not be able to apply counseling. Can you tell year. After one year you should be for legal separation. me more about that? ready to decide if you want to get a divorce or get back together with You, your spouse, and any of your your spouse. children can ask a judge to order you to attend counseling so that you can try to improve your marriage. But the liable for some of your spouse’s debts even judge cannot require you and your if you are no longer living with your Legal Separation family to get counseling together if spouse. either you or your spouse are against it, or if there has been any violence in your marriage or life together. Last Revised 11/2002 Special Code: 1320600

Is there anything else I need to know before I begin to prepare for a legal separation? Prepared by:

Think about getting legal assistance. A Indiana Legal Services, Inc. separation or divorce action requires a number of forms to be submitted to the ILS Office Contact Numbers court. Make sure all the information you provide is up to date and accurate. Also, Bloomington: Hammond: (812) 339-7668 you should be aware that the information (219) 853-2360 1-800-822-4774 you give your attorney is confidential, so The production of this pamphlet is made possible by a grant Indianapolis: from the Indiana Bar Foundation and the assistance of Ice you don’t have to worry about the kind of Columbus: information and detail that you provide. (317) 631-9410 Miller. (812) 372-6918 1-800-869-0212 The more open and honest you are, the 1-866-644-6407 better your attorney can help you. This pamphlet is for information only. It is NOT legal advice. Lafayette: For legal advice, contact a private attorney or a lawyer at the Evansville: (765) 423-5327 nearest Legal Services Office. (812) 426-1295 Do I have to file for a 1-800-382-7581 1-800-852-3477 Laws and Policies change. Please look at the last revised date legal separation if I want New Albany: to make sure the information is still current. to separate from my Fort Wayne: (812) 945-4123 (260) 424-9155 Information Available on the web 1-800-892-2776 spouse? 1-888-442-8600 www.indianajustice.org South Bend: No. You can simply move out and live Gary: (574) 234-8121 (219) 886-3161 1-800-288-8121 separately. However, if you want court 1-888-255-5104 orders on the marital property and debts or about the children, you should file for a legal separation. Also, if you have not filed for divorce or legal separation, you may be