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.
[Pre-1997 Recodification Citation: 31-1-11.5-8.5.]
As added by P.L.1-1997, SEC.7.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 15. Family Law: Dissolution of Marriage and Legal Separation
Chapter 2. Actions for Dissolution of Marriage
31-15-2-1. Applicability of Indiana Rules of Civil Procedure
31-15-2-2. Cause of Action Established
31-15-2-5. Verified Petition; Averments; Guardian Filing Petition
31-15-2-6. Residence; Filing in County of Guardian's Residence
31-15-2-7. Venue; Legal Separation Proceeding Pending or Order in Effect; Disposition
31-15-2-8. Service of Petition and Summons
31-15-2-9. Responsive Pleading or Counter Petition
31-15-2-12. Motion to Dismiss by Party Who Filed Action; Counter Petition; Hearing
31-15-2-13. Summary Dissolution Decree
31-15-2-14. Bifurcation of Issues; Summary Disposition Orders
31-15-2-15. Final Hearing; Evidence; Dissolution Decree; Continuance; Motion for Dissolution
31-15-2-16. Dissolution Decree; Scope; Finality; Remarriage Pending Appeal