Is there a time limit on a legal separation in Indiana. My husband is disabled, only income is SSI and small business income

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Is there a time limit on a legal separation in Indiana. My husband is disabled, only income is SSI and small business income

I won’t have to pay my husband support will I? he receives SSI and owns a small business sole proprietor. I basically pay all the bills except for app 200 out of his SSI check. I work full time and the reason for the separation is so he can stay on my health insurance as he has major health issues. Will the courts look at that and make me pay him support? Also he left me and didnt’ take his necessary medications or equipment for his health. Can that not be constituted as incompetant? He is telling people i hit him and threw things which i did not do..any advice on that?

Asked on May 10, 2009 under Family Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Why havne't you hire a divorce attorney yet? Every state has complicated laws regarding what the legal implications are of LEGAL separation (which is done through the court) and what that means in terms of your marital property (assets and liabilities).  In most states, whatever each of you earn or owe during the time of legal separation is your separate property and debt.  Nothing is owed in terms of support until divorce occurs and a divorce decree is made addressing this issue and other issues, including separation of property, SSI payments, your ownership share if any and for how long in his business, etc.

 

In Indiana, see the following:

 

Indiana is a no-fault divorce state.

This means that the party who wants a divorce does not have to show a specific misbehavior on the part of the other spouse, such as adultery, abandonment, drunkenness or addiction, abuse, etc.

The party simply has to state that there is no chance the marriage will be patched up, and that is sufficient grounds for a divorce.  

 

https://family-law.freeadvice.com/divorce_law/no-fault_divorce.htm

 

http://www.indianajustice.org/Data/DocumentLibrary/Documents/1063335846.89/view_article_publicweb?topic_id=1320200


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