What happens when a couple needs a break, but they aren’t yet ready to end their marriage?
A legal separation can provide some much-needed breathing room and a temporary framework for all the important issues that must be addressed while leaving the marriage intact, such as child custody and parenting time, child support and spousal maintenance, possession of the marital home and use of other marital property, as well as who must pay for various household expenses or assume responsibility for certain debts.
Why choose separation instead of divorce?
A legal separation leaves neither spouse free to remarry, and can only be maintained for a year under Indiana law. If either party decides they want to divorce, they may file a petition to do so. If the couple reconciles, they can simply resume their lives together. If the separation period ends without any resolution, the couple will remain married, but the legal orders governing the arrangement expire.
So, why take this step instead of just heading straight to divorce? Some couples choose this route because they believe there is still a realistic chance of repairing their marriage. The separation can give them a chance to step back, evaluate the relationship from some distance and consider their options without making any permanent decisions.
Other couples choose this route for religious or practical reasons. If their faith generally frowns on divorce, they may want the time to seek permission for the divorce from their religious leaders. If issues involving insurance coverage, taxes, retirement benefits or other financial concerns have to be sorted out, a legal separation can preserve the status quo for a while while still allowing the couple to obtain some space. That can take the pressure off the situation while solutions are explored.
Because a legal separation can affect property distribution, financial support issues, child custody and future divorce proceedings, couples need to understand the potential consequences. An Indiana family law attorney can help you determine whether a temporary separation or a divorce better fits your needs.