What is the process for filing for a legal separation?

In Indiana, filing for a legal separation follows the same process as filing for a divorce. It is important to note that a legal separation does not officially end a marriage. You can file for a legal separation if you and your spouse want to live separately, but you do not want to end the marriage. The first step is to file a Petition for Legal Separation with the Clerk of the Circuit Court in the county where you reside. The petition should include the names and addresses of both spouses, the grounds for the separation, and any other pertinent information. After the petition is filed, a summons will be issued, which must be served personally upon the other spouse. Once the petition is served, the spouse has 30 days to answer. If the spouse does not answer within the 30 days, the court may grant an ex parte decree of legal separation. If both spouses agree to the terms of the legal separation, the court may issue a consent decree of legal separation which will be effective immediately, without a hearing or a waiting period. If the spouse answers, then the matter will proceed to an evidentiary hearing at which both spouses may present their case to the court. The court will consider the evidence presented and make a determination of whether the separation should be granted. Depending on the county, there may also be a waiting period before a decree of legal separation will be issued. Once the legal separation is granted, the court will make determinations regarding custody, support, and the division of marital assets and debts. Legal separations may be revised or terminated, either by the parties alone or with the assistance of an attorney.

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