Legal Separation in Indiana

Under Indiana Code 31-15-3, a legal separation in Indiana 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.

Legal Separation in Indiana (317) 969-8000

Legal separation may involve many of the same legally binding attributes of a divorce, including property and debt division, child custody and parenting time, and provisions for child support.

However, unlike a divorce, both parties maintain their married status, though they often live separately.

Legal separation is not right for everyone or every case, so it is important to consult with an licensed Indiana family law attorney before taking further action. Emerson Law L.L.C. offers the in-depth counsel and representation you need to determine whether legal separation can work for your marriage.

Whether you live in Zionsville, Carmel, Westfield, Fishers, or Indianapolis, contact Emerson Law L.L.C. today to learn more about a legal separation.

Why Get a Legal Separation?

Those who consider legal separation do so for a variety of reasons, including:

  • To maintain insurance benefits or death benefits for a spouse
  • To assist with immigration issues
  • To pursue further options for reconciliation
  • To mitigate potential financial or material losses in divorce

Attorney JR Emerson offers insight and dedicated support for his clients considering a legal separation in Indiana.

By providing legal advice and practical solutions, the Hamilton County-based law firm of Emerson Law L.L.C. can help you determine whether legal separation is the right solution for your broken marriage. Contact Our Indiana Legal Separation Attorney. I will take time to understand your goals and unique situation, striving to achieve desired

We Can Help!

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outcomes in an efficient, ethical and cost-effective manner. I offer case assessments at reasonable costs, and initial consultations are free. Contact our firm to consult with an experienced Carmel divorce lawyer and learn more about your options in legal separation, annulment and divorce.

Child Custody

For many parents, child custody and parenting time problems create a great amount of unease. Basically in Indiana courts will resolve any dispute about child custody and parenting time according to the best interests of the children involved.

Child Support

Child support comes with rights and responsibilities.  Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines.

Division of Assets

Indiana law creates a presumption that each party to a marriage is entitled to 50% of the marital property. This presumption can vary, but in most cases, each party is awarded 50% of the marital property and 50% of the marital debt.


Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.  Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.

- JR Emerson, Attorney

I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

- Jill Bracken-Emerson, Attorney


Schedule a Consultation Now!

If you need help we are happy to talk to you at no charge.  Give us a call or click the button to make an appointment.

About Us

Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.

3091 E. 98th Street, Suite 180

Indianapolis, IN 46280

Phone: 1-317-969-8000


Our Services

Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters.  Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County.  Please contact our office to learn how we can help.

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Copyright © 2017, Emerson Law L.L.C.

The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

This site makes use of licensed stock photography. All photography is for illustrative purposes only and all persons depicted are models unless otherwise noted.

JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.