Family law is one of the most emotionally charged and mentally draining area of law because it involves disputes between loved ones, such as divorce or child custody. All family law matters are handled by local county courts, though it is possible to resolve the dispute and arrive at an agreement outside of court, such as through mediation or arbitration, and then have the court enter the binding agreement into the record.
When you are going through a difficult family law issue, it can be hard on your family. You want to resolve things as quickly and painlessly as possible, but sometimes, the other side is not cooperative. That is why you need a family law lawyer who will fight for you. That’s where Eskew Law comes in. Our gifted family law attorneys have spent years championing the parenting or property rights of our clients in local family law courts like Marion County Superior Court. We have the drive, dedication, knowledge, and actual trial experience to pursue your best interests, advocate for your side of the story, and fight for your preferred outcome.
Whether you’re located in Indianapolis or elsewhere in the state of Indiana, our family law attorneys can assist you with resolving a legal dispute so that you can resume caring for your family. At an initial consultation, we will discuss the situation, explain the law, provide insight based on our personal experience, survey your potential options, and work with you to draft a plan of action. To speak with a knowledgeable Indianapolis family law lawyer at Eskew Law today, call us at (317) 699-4655. Your family’s future is our focus.
The state of Indiana refers to a divorce as a “dissolution of marriage” in its statutes, though both terms mean the same thing. The state is a no-fault divorce state, which means that the individual filing for divorce is not required to prove that anyone did anything wrong or is otherwise responsible for the dissolution of the marriage. Rather, the filing party could simply allege irreconcilable differences. The other spouse will not be able to prevent the filing party from requesting a divorce.
To get a divorce in Indiana, either you or your former spouse must live in Indiana for the six months preceding the filing. In addition, one of you must live in the county in which you file for the three months preceding the filing. There are two types of divorce: contested divorce and uncontested divorce. With an uncontested divorce, you and your former spouse both desire to divorce and either (1) have no assets to divide and no children, or (2) have already agreed upon how to divide assets and handle child custody and support.
This means the court does not need to do anything with your divorce case besides enter the divorce order. It will take a minimum of 60 days for the final order to be entered after the petition is filed. However, prior to the finalized order, there may be a “provisional” or “preliminary” hearing, during which the judge may enter a temporary order. Usually, these hearings are very brief and only if one party requests one.
With uncontested divorces, parties often settle property, debt, and child issues through written agreements. Even if you and your former spouse are willing to sit down and hash things out without involving a judge, you should hire an experienced divorce lawyer to help you draft a marital settlement agreement or child custody and support agreement to ensure that all important provisions are included and are legally sound. Dissolution agreements involving children will receive extra scrutiny from the court.
If the divorce is contested, however, the court will handle the division of assets and debts if you and your former spouse fail to arrive at an agreement through mediation or arbitration. The court presumes a division of assets and debts 50/50, though this process is complicated by several factors, including:
A family lawyer in Indianapolis can help facilitate the process by working with the client to determine what their end goals are and what their interests are concerning the marital property and debts.
Marital property or community property is property that is jointly shared by the spouses during the marriage. When a couple weds, the assets and debts they acquire are jointly owned by them. Therefore, when divorcing, it makes most sense to cleanly divide this property, though, as discussed above, this is often a difficult and highly tumultuous process.
When you are a parent, you want the best for your children. You don’t want to drag them through a stressful and emotional child custody battle. If you and the other parent are amenable to working out custody, visitation, and support, you may be able to draft a child custody and support agreement with the help of an experienced Indianapolis family law attorney.
This agreement will cover which parents have legal and physical custody, when each parent will spend time with the child, who is responsible for making which decisions, the amount of child support, what child support is to cover, and more. If you are unable to agree, the court will determine custody by prioritizing the best interests of your children by considering:
In determining support, the court will use the Indiana child support guidelines. These guidelines take into account the income of the parents, educational expenses, medical expenses, costs of raising the children, daycare or school expenses, and more. They are based on gross weekly income.
Eskew Law assists families with working through child custody and support issues. In addition, we have resources for families, and also help with:
When a divorce, child custody, or child support dispute is resolved with a final order, the parties are required to follow the order. If someone violates the order, such as not paying child support, they can be found in contempt of court.
Often, at contempt hearings, the judge will allow the breaching party to correct the issue. The judge may also make the final divorce, custody, or support order. In addition, the judge has the power to order attorney’s fees to be awarded, adjust parenting time and support figures to remedy the matter, or jail someone for violating a court order. It should be noted that incarceration is a rare remedy, reserved for the most serious issues.
A protective order can also spell legal troubles. A protective order is similar to a restraining order. If a family member, spouse, former spouse, or intimate partner has hurt you or threatened to hurt you, you can seek a protective order from a family court judge. The order states that the individual may not come near you. If they violate the order, they can be arrested and jailed.
Family law matters are complex, confusing, and emotionally exhausting. Eskew Law can handle the difficult issues so that you can concentrate on your family. We take this privilege and responsibility seriously for all of our clients throughout Indiana. To schedule your consultation with our team of compassionate Indianapolis family lawyers, call us at (317) 943-5413 or fill out our online contact form.
Meet with the attorney to discuss your legal issue. This initial meeting helps you understand their expertise and decide if they’re the right fit.
Review and sign a retainer agreement. This contract outlines the services, fees, and other essential terms.
Gather and provide all relevant documents related to your case. This step helps your attorney build your case efficiently.
Set expectations for how and when you’ll communicate with your attorney. Clear communication ensures that you stay informed throughout the process.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
