Section 31-15-2-7 - Venue; legal separation proceeding pending or order in effect; disposition(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.