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 the
Indiana 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 a
court:
(1) that conditions in or circumstances of the marriage make it
currently 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 the
filing 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 residence
in 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 bar
to legal separation proceeding
Sec. 5. A proceeding may not be commenced under section 4 of
this chapter if:
(1) an action for dissolution of marriage filed under
IC 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 for
dissolution of marriage filed under IC 31-15-2-4 (or
IC 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 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) 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.
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 party
to the marriage in the same manner as service of summons in civil
actions 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 filed
under 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 this
chapter, the court may grant a decree for a separation of the parties
to the marriage for a period not to exceed one (1) year if the court
finds that:
(1) conditions in or circumstances of the marriage make it
currently intolerable for both parties to live together;
(2) the marriage should be maintained; and
(3) neither party has filed a petition or counter petition for
dissolution 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 as
provided 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 a
maintenance provision that extends beyond the period of legal
separation.
As added by P.L.1-1997, SEC.7.