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Legal Separation and Annulment in Indiana

Whether Indiana offers legal separation, how it differs from divorce, and the grounds for an annulment.

Short answer: Yes. The court may grant a legal separation for up to 1 year if living together is currently intolerable for both spouses, the marriage should be maintained, and neither spouse has filed for divorce. Ind. Code §§ 31-15-3-2, 31-15-3-9

Legal separationYes. The court may grant a legal separation for up to 1 year if living together is currently intolerable for both spouses, the marriage should be maintained, and neither spouse has filed for divorce.
Re-verified 2026-10-27.
Source: Ind. Code §§ 31-15-3-2, 31-15-3-9
AnnulmentSome marriages are void without any court action: bigamous marriages, marriages between relatives closer than second cousins (except first cousins who were both at least 65 when they married after September 1, 1977), and common-law marriages entered into after January 1, 1958. A marriage is also void if either party was mentally incompetent when it was solemnized, or if Indiana residents married in another state to evade Indiana's marriage-age or license rules and then returned to live in Indiana. A marriage is voidable, and can be annulled, if a party lacked capacity because of age or mental incompetency, or if it was brought about by fraud by one of the parties.
Re-verified and corrected 2026-10-27.
Source: Ind. Code §§ 31-11-8-1 to 31-11-8-6; 31-11-9-1 to 31-11-9-3

Where to get help in Indiana

More Indiana divorce & family law

FAQ

Can you get a legal separation in Indiana?
Yes. The court may grant a legal separation for up to 1 year if living together is currently intolerable for both spouses, the marriage should be maintained, and neither spouse has filed for divorce.
What are the grounds for annulment in Indiana?
Some marriages are void without any court action: bigamous marriages, marriages between relatives closer than second cousins (except first cousins who were both at least 65 when they married after September 1, 1977), and common-law marriages entered into after January 1, 1958. A marriage is also void if either party was mentally incompetent when it was solemnized, or if Indiana residents married in another state to evade Indiana's marriage-age or license rules and then returned to live in Indiana. A marriage is voidable, and can be annulled, if a party lacked capacity because of age or mental incompetency, or if it was brought about by fraud by one of the parties.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.