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An Indiana legal separation can last for only one year. A one-year separation may help a couple come back together, or it may give them insight that motivates them to file for a divorce.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
In determining the best interests of the child, the judge considers the parents wishes, the age and sex of the child, the childs relationship with parents and siblings, the childs adjustment to home, school and community, the childs wishes, and the health of all concerned.
Men and women may choose to separate, but not divorce, because it gives them a chance for a breather from each other and their problems - living separately - without using attorneys or getting the courts involved.
The default Indiana divorce law for property division states that courts should divide the marital property equally. However, a divorce court might shift from a 50/50 distribution to giving one spouse a greater or smaller share if a party provides evidence that equal distribution is not reasonable and just.
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