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Legal Separation in Indiana: Rules, Residency and Time Limits (2026)

Independently fact-checkedBy Recording Law Editorial Team8 min read

Independently fact-checked against primary sources (last audited October 8, 2026). · 15 primary sources cited on this page. How we verify our legal content

Legal Separation in Indiana: Rules, Residency and Time Limits (2026)

Yes. Indiana Code 31-15-3-2 provides that "A cause of action for legal separation is established," and a court may grant a separation decree for up to one year when living together has become currently intolerable but the marriage should be maintained (IC 31-15-3-9).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers legal separation under Indiana Code chapter 31-15-3, with the maintenance provision in IC 31-15-7-1 and the related dissolution sections IC 31-15-2-3, 31-15-2-7 and 31-15-2-11. It does not cover property division, custody or child support terms in a separation decree, the effect of a separation on inheritance, Indiana case law, or other states' law. For divorce, see Indiana divorce laws.

Yes. Indiana's dissolution article includes a separate chapter for legal separation, and IC 31-15-3-2 states plainly: "A cause of action for legal separation is established."

The test is set out in IC 31-15-3-3:

"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." IC 31-15-3-3

Both findings are required. The second one is what separates a legal separation from a divorce: the court is finding that the marriage should continue.

An Indiana separation decree is temporary. IC 31-15-3-9 provides that 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 it finds the intolerable-conditions and maintain-the-marriage elements, and that "neither party has filed a petition or counter petition for dissolution of marriage."

Residency and filing requirements

Residency. Under IC 31-15-3-6, at the time of filing at least one party must have been a resident of Indiana, or stationed at a military installation in Indiana, "for six (6) months immediately preceding the filing of each petition," and a resident of, or stationed in, the county "where the petition is filed for three (3) months immediately preceding the filing of the petition."

The petition. IC 31-15-3-4 provides that a legal separation proceeding "is commenced by the filing of a petition" captioned "In Re the legal separation of" followed by the spouses' names. The petition must be verified, and the statute lists further required contents.

Timing against a divorce case. IC 31-15-3-5 bars starting a legal separation case while a dissolution action is pending, or after a provisional order or decree has been granted in a dissolution case.

Forms. The Indiana Judicial Branch Self-Service Legal Center points to Indiana Legal Help, the statewide forms portal. This page does not cover separation-specific forms; check the portal or ask the clerk of the county court.

General orders. IC 31-15-3-10 provides that "A decree under this chapter may include orders as provided in this article," meaning the dissolution article, IC 31-15.

Indiana: a wooden gavel on a sound block on a plain desk in window light

Maintenance. IC 31-15-7-1 provides that "The court may order maintenance in" legal separation decrees entered under IC 31-15-3-9. That maintenance is time-limited: "A decree under this chapter may not include a maintenance provision that extends beyond the period of legal separation" (IC 31-15-3-11). For how Indiana courts approach maintenance, see Indiana alimony laws.

Property. Indiana's property-division section, IC 31-15-7-4, begins "In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties." This page does not cover whether or how property is divided in a legal separation decree; ask an Indiana family lawyer.

Children. This page does not cover custody, parenting time or child support terms in a separation decree. See Indiana child custody laws and Indiana child support.

The spouses remain married. A legal separation decree rests on the court's finding "that the marriage should be maintained" (IC 31-15-3-3), and it lasts no longer than one year (IC 31-15-3-9).

This page does not cover how a legal separation affects wills, inheritance or rights as a surviving spouse. Ask an Indiana lawyer before relying on a separation for estate planning.

To end the marriage, a spouse files a petition for dissolution of marriage. The Indiana Code links that petition to a pending or existing separation in these ways:

Indiana: a wall calendar with a span of weeks marked with a pencil line

  • Where to file. Under IC 31-15-2-7(a), if the legal separation petition was filed first, a dissolution petition must be filed in the court where the separation is pending or its provisional order or decree is in effect. The separation order stays in effect only until a provisional order in the dissolution case takes effect or the separation order expires. If no provisional order or separation decree has been granted when the dissolution petition is filed, the court dismisses the separation petition (IC 31-15-2-7(c)).
  • When the final hearing can happen. IC 31-15-2-11 provides that "a final hearing on a petition or counter petition subsequently filed in an action for dissolution of marriage" may be held "at any time after sixty (60) days after the petition in an action for legal separation" has been filed.
  • Grounds. The grounds for dissolution in IC 31-15-2-3 do not include living apart for a set period, so time spent legally separated is not itself a divorce ground.

Grounds, residency and property division for divorce are covered on the Indiana divorce laws page.

Disclaimer: This article provides general legal information about legal separation under Indiana law, mainly IC 31-15-3 and IC 31-15-7-1. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Indiana or the Indiana Judicial Branch Self-Service Legal Center.

Last updated: 2026-10-08.

Frequently Asked Questions

Does Indiana have legal separation?

Yes. IC 31-15-3-2 establishes a cause of action for legal separation, decreed when living together is currently intolerable and the marriage should be maintained (IC 31-15-3-3).

How long can you be legally separated in Indiana?

A decree under IC 31-15-3-9 may not exceed one year, and it is available only if neither spouse has filed for dissolution of marriage.

What are the residency requirements for legal separation in Indiana?

Under IC 31-15-3-6, at least one party must have lived in, or been stationed at a military installation in, Indiana for six months and the filing county for three months before the petition is filed.

Can I get spousal maintenance during an Indiana legal separation?

IC 31-15-7-1 allows maintenance in legal separation decrees, but IC 31-15-3-11 bars any maintenance provision that extends beyond the separation period.

Can I file for divorce while legally separated in Indiana?

Yes. Under IC 31-15-2-7(a), when the separation petition was filed first, a dissolution petition must be filed in the court where the separation is pending or in effect, and IC 31-15-2-11 allows a final hearing any time after 60 days from the separation filing.

Can I file for legal separation if a divorce is already pending in Indiana?

No. IC 31-15-3-5 bars starting a legal separation while a dissolution action is pending or after a provisional order or decree has been granted.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Indiana Code 2026, Title 31 (official PDF: IC 31-15-2, 31-15-3, 31-15-7)(iga.in.gov).gov
  2. IC 31-15-3-2, Cause of action for legal separation(iga.in.gov).gov
  3. IC 31-15-3-9, Decree of separation; one-year limit(iga.in.gov).gov
  4. IC 31-15-3-3, Findings required for legal separation(iga.in.gov).gov
  5. IC 31-15-3-6, Residency requirement(iga.in.gov).gov
  6. IC 31-15-7-1, Maintenance(iga.in.gov).gov
  7. IC 31-15-3-11, Maintenance limited to the separation period(iga.in.gov).gov
  8. IC 31-15-3-5, Separation barred while dissolution pending(iga.in.gov).gov
  9. IC 31-15-2-11, Final hearing timing after separation petition(iga.in.gov).gov
  10. IC 31-15-2-7, Dissolution petition where separation pending(iga.in.gov).gov
  11. IC 31-15-2-3, Grounds for dissolution(iga.in.gov).gov
  12. IC 31-15-3-4, Petition for legal separation(iga.in.gov).gov
  13. Indiana Judicial Branch, Self-Service Legal Center(in.gov).gov
  14. Indiana Legal Help (Coalition for Court Access) forms portal(indianalegalhelp.org)
  15. IC 31-15-3-10, Orders in a separation decree(iga.in.gov).gov
  16. IC 31-15-7-4, Division of property (dissolution)(iga.in.gov).gov
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