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Ind. Code § 31-15-2-7

Venue; legal separation proceeding pending or order in effect; disposition

Applied in 2 court decisions — leading case Cox v. Cox (2005)

Most recently applied in Cox v. Cox (September 2005)

As added by P.L.1-1997, SEC.7.

Sec. 7. (a) A petition or counter petition for dissolution of marriage must be filed in the court in which:

(1) a legal separation proceeding is pending; or

(2) a provisional order or decree for legal separation is in effect;

if the petition for legal separation was filed before the petition or counter petition for dissolution of marriage.

(b) If a petition or counter petition for dissolution of marriage under section 4 of this chapter is filed while a provisional order or decree for legal separation is in effect, the procedure for dissolution of marriage continues. The provisional order or decree for legal separation remains in effect only:

(1) until the effective date of the provisional order on the petition or counter petition for dissolution; or

(2) until the provisional order or decree for legal separation expires;

whichever occurs first.

(c) The court shall dismiss a petition for legal separation if, at the time the petition for dissolution is filed, neither:

(1) a provisional order; nor

(2) a decree for legal separation;

has been granted.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.