How do I separate???

[fisk33]

What is the name of your state (only U.S. law)? Indiana

I've been doing a lot of reading, and that has me even more confused... I want to file for divorce from my wife. I've downloaded the forms to fill out from the indiana govt web site and i've been reading them. One question it asks is the date we were seperated. I also believe it has to do with a 60 day waiting period before we can file for the final divorce.

My question is, what constitutes us being seperated? Does one of us have to move out of the house? Is it as simple as saying, "I want a divorce, and as of now, I declare we're seperated"? I'm planning on keeping the house because she cant afford to keep it herself. See this thread for more info: https://forum.freeadvice.com/divorce-separation-annulment-36/who-has-leave-house-568508.html She will need time to find a place to live and I was planning on moving into a spare bedroom we have until she leaves. Is that good enough to call us seperated?

Does the 60 day clock start when I file the initial paperwork? Also, do we have to be seperated to file for divorce? Can I fill out the paperwork, file it at the clerks office, and we still live in the same home for 60 days? I'm not saying it's going to be pleasant, but until she is forced to move out, or decides to move on her own, she is legally allowed to stay in the house.

thanks for any advice.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

I've been doing a lot of reading, and that has me even more confused... I want to file for divorce from my wife. I've downloaded the forms to fill out from the indiana govt web site and i've been reading them. One question it asks is the date we were seperated. I also believe it has to do with a 60 day waiting period before we can file for the final divorce.

My question is, what constitutes us being seperated? Does one of us have to move out of the house? Is it as simple as saying, "I want a divorce, and as of now, I declare we're seperated"? I'm planning on keeping the house because she cant afford to keep it herself. See this thread for more info: https://forum.freeadvice.com/divorce-separation-annulment-36/who-has-leave-house-568508.html She will need time to find a place to live and I was planning on moving into a spare bedroom we have until she leaves. Is that good enough to call us seperated?

Does the 60 day clock start when I file the initial paperwork? Also, do we have to be seperated to file for divorce? Can I fill out the paperwork, file it at the clerks office, and we still live in the same home for 60 days? I'm not saying it's going to be pleasant, but until she is forced to move out, or decides to move on her own, she is legally allowed to stay in the house.

thanks for any advice.

The 60 day waiting period (if I remember correctly, its been a while) happens after the final hearing. The judge waits 60 days before signing the paperwork.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana

I've been doing a lot of reading, and that has me even more confused... I want to file for divorce from my wife. I've downloaded the forms to fill out from the indiana govt web site and i've been reading them. One question it asks is the date we were seperated. I also believe it has to do with a 60 day waiting period before we can file for the final divorce.

My question is, what constitutes us being seperated? Does one of us have to move out of the house? Is it as simple as saying, "I want a divorce, and as of now, I declare we're seperated"? I'm planning on keeping the house because she cant afford to keep it herself. See this thread for more info: https://forum.freeadvice.com/divorce-separation-annulment-36/who-has-leave-house-568508.html She will need time to find a place to live and I was planning on moving into a spare bedroom we have until she leaves. Is that good enough to call us seperated?

Does the 60 day clock start when I file the initial paperwork? Also, do we have to be seperated to file for divorce? Can I fill out the paperwork, file it at the clerks office, and we still live in the same home for 60 days? I'm not saying it's going to be pleasant, but until she is forced to move out, or decides to move on her own, she is legally allowed to stay in the house.

thanks for any advice.

Start here.
courts.IN.gov: Self-Service Legal Center

Indiana does not require separation before filing. Grounds for divorce in IN:
Indiana Divorce Source: Grounds for Divorce: Indiana

You should file for divorce and request exclusive use of the marital home (ex can ask for the same thing so whichever of you has the better argument will get it). If you don't understand the process after reading the documentation that came with the forms and the above self help site, then you need an attorney.

 

[fisk33]

Thanks for the quick replies.

I understand what the forms want, i'm just not sure what the correct answer is. It wants the date we were married and the date we seperated. My question is, what constitues us being seperated? Does one of us have to move out of the house? Can I move into a spare bedroom and that's good enough? Do I have to file something with the court? The instructions dont explain any of this.

Pretty much the rest of it makes sense. I'm just not sure of this one detail.

 

[Ohiogal]

Thanks for the quick replies.

I understand what the forms want, i'm just not sure what the correct answer is. It wants the date we were married and the date we seperated. My question is, what constitues us being seperated? Does one of us have to move out of the house? Can I move into a spare bedroom and that's good enough? Do I have to file something with the court? The instructions dont explain any of this.

Pretty much the rest of it makes sense. I'm just not sure of this one detail.

When is the last time you had sex? Pooled finances? Had a joint checking account? Shared expenses? Ate a meal together? Shared a bed?If you are still sleeping with her YOU ARE NOT SEPARATED.

 

[LdiJ]

Thanks for the quick replies.

I understand what the forms want, i'm just not sure what the correct answer is. It wants the date we were married and the date we seperated. My question is, what constitues us being seperated? Does one of us have to move out of the house? Can I move into a spare bedroom and that's good enough? Do I have to file something with the court? The instructions dont explain any of this.

Pretty much the rest of it makes sense. I'm just not sure of this one detail.

You don't have to move out of the house, and what OG said was valid. However, if nothing else, your date of separation is the date that you file for divorce.

 

[Ohiogal]

You don't have to move out of the house, and what OG said was valid. However, if nothing else, your date of separation is the date that you file for divorce.

Thank you for saying that the ONE attorney who responded to this asked valid questions.