Domestic & Family Law Clients

Will my spouse/other party have to pay my attorney fees?

Generally each party in the divorce proceedings is responsible for their own attorney fees. In many family law cases, depending on circumstances, the court may order some or all of the attorney fees to be paid by the other party.

Can I move/relocate with my children?

Any move by a custodial parent, even a move as simple as across the street, must be notified to the person with joint custody interest in writing 90 days prior to the move. This must be filed through the court system.

Can I make my husband/wife move out of our residence?

In many cases a court order awarding temporary possession of the home is required. In the case of domestic violence a protective order can be obtained and the person would not be allowed in the home.

How can I obtain a Protective Order/Restraining Order against my significant other?

In cases where domestic violence, abuse or stalking is involved a petition can be made through the court to receive a Protective Order. An order may be granted immediately by the court depending on the circumstances.

How much child support will I have to pay? Or how much will I receive?

The determined amount of child support is based on many factors such as both parties incomes, insurance costs, child care costs and the amount of overnight parenting time with the non-custodial parent.

What is a no-fault divorce?

Indiana is a “No Fault” divorce state. This means neither spouse will be held responsible by the court for the dissolution of the marriage. The couple also files on the grounds of irreconcilable breakdown of the marriage.

When parents can’t reach an agreement on custody, what standards do courts use to decide with whom the children should live?

When a custody agreement cannot be reached by the parties involved, courts generally make the decision based on what is in the best interest of the child. They will consider information such as parent’s requests for visitation, health of both parents, history of abuse if any, the child’s age and relationship with each parent. In some cases depending on the age of the child they will consider the child’s request and reasoning.

Can I get child support if I never married my child’s father?

Yes. Biological parents both have legal responsibility to support the child financially. A support order can be obtained through an experienced attorney. Biological fathers may request a paternity test to provide proof that they are a biological parent to said child. Once the test results are returned and paternity is established a support order can be requested.

Must I have my spouse’s cooperation?

A spouse may contest the divorce and extend the time and difficulty of the process. Additionally if a spouse refuses to participate in the divorce it may go uncontested. However, cooperation will streamline the divorce process.

Is there a waiting period before the divorce is final?

Once the divorce is granted the judge will file and order to be recorded in the court. Recording times vary by county but it is generally less than a few weeks. Your copy of the divorce decree will arrive by certified mail.