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If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
An Indiana legal separation allows a couple to formally, but temporarily, separate physically and financially. This formal pause to the marriage provides structured child custody and parenting time arrangements under Indiana law without dissolving the marriage.
There is no statutory definition for a long marriage in Indiana that would entitle a person to a full share of assets in a divorce. In theory, the same rules apply to a marriage which lasts one day and one which lasts 40 years.
Indiana divorce law requires a separation period of 60 days before a divorce can be finalized. The couple does not need to be separated prior to filing for divorce, but the court does require this waiting period before the divorce can be finalized.
The biggest difference between divorce and legal separation is that divorce ends a marriage, while legal separation does not. Instead, legal separation puts a marriage on a temporary hold, while allowing a court to issue orders related to things like property, support, and child custody.
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It is a legally-binding contract and both partners must adhere to the conditions within it. However, a separation agreement may be invalidated if it can be proven that it was not created fairly. Typically, this occurs if one partner knowingly tricks or threatens the other in order to gain an unfair advantage.
Indiana is an equitable property division state, meaning that the court will divide property in the way it sees as most fair, not necessarily equally.
If you own a house prior to your marriage, once you are married, that house becomes marital property. If a house is purchased and only one partys name is on the house, it is still marital property.
It is a legally-binding contract and both partners must adhere to the conditions within it. However, a separation agreement may be invalidated if it can be proven that it was not created fairly. Typically, this occurs if one partner knowingly tricks or threatens the other in order to gain an unfair advantage.
Indiana is a one-pot property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally.

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