CHAPTER 3. ACTIONS FOR LEGAL SEPARATION
IC 31-15-3
Chapter 3. Actions for Legal Separation
IC 31-15-3-1
Applicability of Indiana Rules of Civil Procedure
Sec. 1. Proceedings under this article must comply with theIndiana Rules of Civil Procedure.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-2
Cause of action established
Sec. 2. A cause of action for legal separation is established.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-3
Findings required for decree
Sec. 3. Legal separation shall be decreed upon a finding by acourt:
(1) that conditions in or circumstances of the marriage make itcurrently intolerable for both parties to live together; and
(2) that the marriage should be maintained.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-4
Caption; verified petition; averments
Sec. 4. A proceeding for legal separation is commenced by thefiling of a petition entitled, "In Re the legal separation of _________and _________". The petition must:
(1) be verified; and
(2) set forth the following:
(A) The residence of each party and the length of residencein the state and county.
(B) The date of the marriage.
(C) The date on which the parties separated.
(D) The names, ages, and addresses of:
(i) any living child less than twenty-one (21) years of age;and
(ii) any incapacitated child;
of the marriage and whether the wife is pregnant.
(E) The grounds for legal separation.
(F) The relief sought.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-5
Dissolution of marriage action; provisional order or decree as barto legal separation proceeding
Sec. 5. A proceeding may not be commenced under section 4 ofthis chapter if:
(1) an action for dissolution of marriage filed underIC 31-15-2-4 (or IC 31-1-11.5-3(a) before its repeal) is pending;
or
(2) a provisional order or decree based on a petition fordissolution of marriage filed under IC 31-15-2-4 (orIC 31-1-11.5-3(a) before its repeal) has been granted.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-6
Residence
Sec. 6. (a) At the time of the filing of a petition for legalseparation under section 4 of this chapter, at least one (1) of theparties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation withinIndiana;
for six (6) months immediately preceding the filing of each petition.
(b) At the time of the filing of a petition for legal separation undersection 4 of this chapter, at least one (1) of the parties must havebeen:
(1) a resident of the county; or
(2) stationed at a United States military installation within thecounty;
where the petition is filed for three (3) months immediatelypreceding the filing of the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-7
Service of petition and summons
Sec. 7. Whenever a petition is filed, a copy of the petition,including a copy of a summons, shall be served upon the other partyto the marriage in the same manner as service of summons in civilactions generally.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-8
Responsive pleading or counter petition
Sec. 8. A responsive pleading or a counter petition may be filedunder this chapter.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-9
Decree; term; findings
Sec. 9. In an action for legal separation under section 2 of thischapter, the court may grant a decree for a separation of the partiesto the marriage for a period not to exceed one (1) year if the courtfinds that:
(1) conditions in or circumstances of the marriage make itcurrently intolerable for both parties to live together;
(2) the marriage should be maintained; and
(3) neither party has filed a petition or counter petition fordissolution of marriage under IC 31-15-2 (or IC 31-1-11.5
before its repeal).
As added by P.L.1-1997, SEC.7.
IC 31-15-3-10
Scope of decree
Sec. 10. A decree under this chapter may include orders asprovided in this article.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-11
Maintenance
Sec. 11. A decree under this chapter may not include amaintenance provision that extends beyond the period of legalseparation.
As added by P.L.1-1997, SEC.7.