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    allodium's Avatar
    allodium Posts: 2, Reputation: 1
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    #1

    Oct 9, 2010, 03:14 PM
    Are you legally separated when you file for divorce?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 9, 2010, 05:29 PM
    Depends. Legal separation exists in many states and is a formal state of spouses living apart from each other. You could be either separated or living together when you file for divorce.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Oct 9, 2010, 06:36 PM

    What state is this as it varies between states. For some states the act of filing creates automatic separation and others don't.
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    allodium Posts: 2, Reputation: 1
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    #4

    Oct 10, 2010, 09:40 AM
    I have not been living with them for two months and filed for divorced two weeks ago. Would that constitute for legal separation in Indiana. I now live in Johnson county and they live in Boone County.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Oct 10, 2010, 10:16 AM
    Quote Originally Posted by allodium View Post
    I have not been living with them for two months and filed for divorced two weeks ago. Would that constitute for legal separation in Indiana. I now live in Johnson county and they live in Boone County.
    No it does not constitute legal separation under Indiana law. Since you have filed for divorce and had grounds to do so then that is the track your on. Had you not filed then you could have gotten legally separated first.

    Indiana Code TITLE 31, Article 15 Table of Contents
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