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A separation agreement must be entered into freely, fairly and voluntarily. If it can be proven that there were physical, verbal or psychological threats during the negotiating and signing of the terms, the agreement may be thrown out by the Courts.
How long do you have to be separated before a divorce in Indiana? 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.
Marital settlement agreements, also known as divorce settlement agreements, marital termination agreements, separation agreements, or stipulations of settlements, are written contracts between divorcing spouses of their responsibilities and rights after divorce. Once formed, both parties are legally bound to them.
In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But theres a catch the opposing party will have to agree to sign.
After all, almost 50% of first marriages, 60% of second marriages, and 73% of third marriages end in divorce. While there are countless divorce studies with conflicting statistics, the data points to two periods during a marriage when divorces are most common: years 1 2 and years 5 8.
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What do I have to do to get legally separated from my spouse? You need to file a Petition for Legal Separation. In your petition you will need to tell the judge the reasons why you think you and your spouse cannot currently live together.
The length of a marriage will affect how much property is awarded to each spouse upon divorce. Generally speaking, the longer the marriage, the more likely it is that the court will go beyond a simple 50/50 division of assets and instead award a greater portion of marital property to one of the spouses.
Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Indiana is only one of a handful of states that divide property acquired before marriage.
An uncontested divorce can be pretty quick if you meet Indianas residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.
Indiana Divorce Court Orders After a spouse files for divorce in Indiana, the parties must live apart for at least 60 days before the divorce can be finalized.

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