The Indiana marital separation agreement form is a legal document a married couple can use to make arrangements for separation without having to go through the divorce process.
This agreement can help them in matters such as the division of marital property, arrangements concerning custody and child support, or resolving healthcare issues.
Spouses can decide to resume their marriage later because the separation does not end the marriage. Divorce, on the other hand, changes a couple's marital status to single.
Is a Separation Agreement Legal in Indiana?
Yes, a separation agreement is legal in Indiana. When living together becomes intolerable, a couple might file for legal separation.
Laws and Legal Requirements for a Marital Separation Agreement in Indiana
The laws and legal requirements for a marital separation agreement in Indiana show us the options and solutions that married couples have if they wish to live apart from one another.
Eligibility requirements are outlined in Section 31-15-3-6 of the Indiana Code, which states that at least one spouse must be a resident of Indiana or, if serving in the military, be stationed in Indiana for at least six months before filing for separation.
Section 31-15-3-3 states that the court will grant legal separation if it is clear that both spouses find it very difficult to live together in marriage.
Signing Requirements for a Marital Separation Agreement in Indiana
Signing requirements for a marital separation agreement in Indiana state that the document should be made in writing. In addition, the separation agreement form needs to be signed by both spouses in order to be considered legitimate.
The notary public may be present at the signing, but that is not a requirement.
What Does a Marital Separation Agreement in Indiana Cover?
Marital separation agreements in Indiana cover a number of separation-related topics. The following are some that should be included in the separation agreement template:
Marital Separation Agreement Coverage
The living arrangements—where and when the spouses will stay during the separation process
Division of marital property—vehicles, real estate, and personal belongings
Child custody—deciding who will look after the children
Child support—a plan concerning its duration and amount that must be paid each month
Division of assets and liabilities—the division of joint bank accounts, mortgages, and car loans
Spousal support—considering if one spouse needs financial support to be independent from the other
Information on whether the separation is temporary or permanent