(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.