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Indiana Separation Agreement

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Updated September 16, 2025

An Indiana separation agreement enables couples to make arrangements to cease living together as spouses without getting divorced. Indiana, like many other states, imposes a waiting period before a divorce can be granted, but separation may be done immediately. Also, unlike divorce, separation can be undone if the parties reconcile.

Is a Separation Agreement Legal in Indiana?

Yes, couples may seek legal separation when it is no longer tolerable to live together but they wish to remain married.[1]

Legal Separation Requirements

  • Filing Fee: There is no statutory fee for legal separation and it will vary from county to county; in Marion County, the fee for domestic relations filings is $177
  • Residency: Prior to filing, at least one spouse must have been a resident of Indiana for at least six months, and a resident of the county where the legal separation petition is filed for at least three months.[2]
  • Where to File: With the clerk of court in the county where the petition is filed.

Sample

Sources

  1. § 31-15-3-3
  2. § 31-15-3-6