Venue; legal separation proceeding pending or order in effect;
disposition
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.
As added by P.L.1-1997, SEC.7.
Last modified: May 24, 2006