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.