Indiana provides for the filing of a legal separation and the filing for a dissolution of marriage ("divorce"). These are separate and distinct legal proceedings.

A legal separation may be granted by the trial court upon a finding that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together, and that the marriage should be maintained. Upon these findings, the court may grant a Decree of Separation not to exceed one (1) year.

Once a Petition for Dissolution of Marriage is filed with the trial court, the court must wait at least sixty (60) days before it acquires jurisdiction to issue an order finalizing the dissolution of marriage. This sixty (60) time period is often called the "cooling off" period.

If the parties have reached an agreement on all issues after sixty (60) days the filing date of the petition, the dissolution may be granted by Summary Decree if the parties comply with the statutory requirements. The Summary Decree is a procedure whereby neither the husband nor wife need to be present in court for the issuance of the Final Decree.

Indiana is a no-fault divorce state. The marital property, subject to division by the trial court, encompasses all assets of the parties including property owned prior to the marriage. There is statutory presumption that an equal (50-50) division of the marital property is just and reasonable. However, the presumption may be rebutted by a party who presents relevant evidence that an equal division would not be just and reasonable in the particular circumstances of that case.

Evidence which may support a deviation from the 50-50 split of marital assets includes, but is not limited to, the extent property was acquired by each spouse before the marriage, property acquired by a spouse through gift or inheritance, the economic circumstances of each spouse, and the conduct of the parties during the marriage as related to the disposition or dissipation of their property.