Divorce and Separate Maintenance Proceedings in Fort Wayne Indiana
Fort Wayne IN Divorce Lawyers – Family Law Attorneys
It is not uncommon for couples who are experiencing marital difficulties to spend some time living apart without taking that final step and filing for divorce. This is usually a very good idea, because when you have been in the throes of marital strife for an extended period of time some peace and quiet and personal space may be something that you really need, but you may not be sure that you want the separation to be permanent. There are many married couples who live separately for a while, gain a fresh perspective, recognize that the grass is not always greener on the other side and wind up getting back together for good.
In the state of Indiana, if you are married and feel as though you want to live separately for a while you can file a Petition for Legal Separation. During this action the terms must be decided on in the same way that you have to work out the terms of a divorce. The issues in question would be the temporary distribution of property, matters pursuant to the children like custody, visitation, and support, and possible separate maintenance payments which would be similar to the alimony or spousal maintenance that can be part of the terms of a divorce.
There is another type of maintenance that can be sought in cases when a couple has filed a Petition for Dissolution of Marriage or a Petition for Legal Separation. If you and your estranged spouse enter into either one of these actions without a temporary agreement in place, the court can issue a Temporary or Provisional Order that will hold sway until the divorce or separation is granted and terms have been established. The Temporary Order can cover the same matters: child custody, visitation and support, division of property and responsibility for debts, and temporary spousal maintenance.
If you need information about divorce and separate maintenance proceedings, contact a Fort Wayne IN family lawyer to arrange for a free consultation.
