[IN] What forms are required for a legal separation while living together with children?

Lexi, Chatbot

I understand that navigating a divorce while living together can be challenging. Have you already discussed separation with your husband, or is this the first step in the process?

Lexi, Chatbot

Are there any children involved in your situation that may affect the separation arrangements?

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured, they’ll be able to help with your separation forms.

Anastacia Esq.

Hello! I’m Anastacia, an attorney with over 25 years of experience. I look forward to assisting you! To help you with your question, I need to know what state you live in. Just let me know!

Anastacia Esq.

Are you and your husband currently in agreement about the separation, or is there any conflict regarding the process?

And to clarify, are you seeking a legal separation, or are you planning to proceed directly with a divorce while living under the same roof?

Anastacia Esq.

I have found a Petition for Legal Separation from Elkhart County.

Assuming you are not in that county, you can contact your county’s Superior Court to ask if it has a form Petition for Legal Separation. If it doesn’t, you can use the form above and cross out “Elkhart” and replace it with your county’s name instead. Generally, courts will accept petitions that are modified like that.

This is the statute that governs legal separation in Indiana:

Caption; verified petition; averments; guardian filing petition (IC 31-15-3-4)

Sec. 4.

(a) A proceeding for legal separation is commenced by the filing of a petition entitled, "In Re the legal separation of _________ and _________".

(b) If a guardian of an incapacitated person files a petition for legal separation on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for legal separation described in IC 29-3-9-12.2.

This is another relevant statute:

Residence; filing in county of guardian's residence (IC 31-15-3-6)

Sec. 6.

(a) At the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been:

1. a resident of Indiana; or
2. stationed at a United States military installation within Indiana; for six (6) months immediately preceding the filing of each petition.

(b) Except as provided in subsection (c), at the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been:

1. a resident of the county; or
2. stationed at a United States military installation within the county; where the petition is filed for three (3) months immediately preceding the filing of the petition.

(c) If a court has authorized a guardian to file a petition for legal separation under section 4 of this chapter on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file the petition in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the petition.

Anastacia Esq.

You’re welcome! I’m glad I was able to assist you.