Legal separation does not necessarily lead to divorce. There is an entirely separate legal tool for couples who choose to separate and those that choose to divorce. A divorce legally ends the marriage, while a legal separation instead gives the couple an opportunity to determine whether the marriage can be saved or whether the marriage is over. A legal separation gives the couple the opportunity to live separately for a period of time. However, a legal separation is not indefinite: under Indiana law, a legal separation can only last one year before the couple must make the decision one way or the other.
The standards to obtain a divorce are also different than the standards for obtaining a legal separation under Indiana law. In order for a court to grant a divorce, there must be an “irretrievable breakdown” of the marriage. For a legal separation, however, the court need only find that the marriage, as it is exists, is in such a condition that living together is no longer an option, but that the marriage should be maintained, at least for the time being.
Why Bother with a Separation?
You might wonder what the benefit is of getting a legal separation. You might wonder why you would not just move out and live apart without the interference of the court. These are valid questions that a great attorney might help you figure out. There are a few reasons you might consider a legal separation, such as:
- To allow for “cooling-off” period to allow both parties to determine what they want out of the marriage;
- To allow the court to put a legal custody arrangement into place if there are children involved;
- To allow the court to put a legal child support arrangement in place;
- To allow the court to put a legal spouse support arrangement in place;
- To ensure there is spousal counseling; and
- To ensure that the spouses remain on any health insurance plans or as beneficiaries of other insurance.
Overall, a legal separation can offer some legal benefits of security that come with court involvement without the finality of a full divorce.
When is Divorce a Better Option?
Divorce might be a better option for some couples under certain situations. The following are some reasons you might consider a divorce instead of a separation, legal or otherwise:
- Divorce allows the parties to separate with less legal ties;
- Divorce allows the parties to remarry;
- Divorce allows for finality; and
- Divorce cuts off responsibility for personal debts.
Divorce allows for a legal separation that is final and absolute, one that cannot be reversed, and ultimately ends the marriage in the eyes of the law.
Discuss Your Options
If you, or someone you know, is considering a legal separation or a divorce, or just wants more information on the different options concerning their marriage and the law, our office can help you determine your options. Call our office today or visit our website for more information. A good attorney is the key to successfully separating or divorcing your spouse and learning about your options.