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Separation Do’s and Don’ts

legal separationAre you considering divorce but aren’t sure it’s what you want? If so, you might want to consider a legal separation. McClure McClure & Davis are separation lawyers in Indianapolis IN. They can answer your questions about separation and help you decide if it’s in your best interest.

You’ll definitely want to speak with a separation lawyer. But here are some do’s and don’t concerning legal separation in Indiana:

Do #1 – Do Understand the Difference Between Divorce and Separation
Divorce and separation aren’t the same. When you get a divorce, your marriage is officially and legally at its end. The marriage is over. But a legal separation is more like a temporary divorce. The separation is temporary until you either decide to get back together or divorce.

Do #2 – Do Get Clear on the Length of a Legal Separation
In Indiana, a legal separation lasts no longer than one year. That means you have a year to decide if you want to save your marriage. If not, then divorce is your next step.

Don’t #1 – Don’t Assume a Separation Prevents Filing for a Divorce
Your spouse can file for divorce, even if you’re currently legally separated. You also can decide to file for divorce before the separation ends. If either spouse files for divorce, the legal separation officially ends and it becomes a divorce case.

Don’t #2 – Don’t Assume a Legal Separation Means You Can’t Ask for Support
Separation is similar to divorce in that a spouse can legally receive certain types of support. Child support, visitation rights, financial support, and more can be addressed during a separation.

Do I Need a Legal Separation?
A legal separation isn’t always necessary. You and your spouse can simply choose to live separate lives. But if you have children, property, and other issues to consider, then separation is possibly the best choice. Contact McClure McClure & Davis, separation lawyers in Indianapolis IN, for help with your case.

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