§ 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.]

Legislative History

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