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Updated January 30, 2024

An Indiana separation agreement enables couples to make arrangements to cease living together as spouses without getting divorced.

Separation agreements may be desirable for many reasons, including lower cost and speed: 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.