Meet Our Carmel Family Law Attorneys
Meet Our Attorneys
Family Law Lawyers in Carmel - (317) 969-8000
Did you know that you may be entitled to have your soon-to-be-ex-spouse reimburse you for your Carmel family law attorney fees?
Give me a call and let's talk during a FREE NO OBLIGATION initial consultation. What have you got to lose?
Whether You Call Us or Another Carmel Family Law Attorney...Call Someone
Conventionally, criminal defense, and personal injury are not considered part of family law. The traditional understanding of legal issues comprising family law include:
- Divorce – Contested and uncontested divorce
- Family Relocation - Moving with child
- Child Custody - Joint, primary, and sole custody
- Child Support
- Spousal Support
- Guardianship – A parent's rights to raise children
- Paternity - Establishing father's rights
- Parenting Time - Holiday, school breaks, vacations, and weekends
- Property Division - Retirement, home, automobiles, business
- Visitation - Rights of siblings and grandparents
- Name Change - During divorce or anytime
- Legal Separation - Separate maintenance, post-nuptial agreement
- Domestic Violence - Abuse of spouse and abuse of children
- Child Abuse - Molestation, torture, and alienation
- Parental Alienation – Subtle and overt
Carmel Family Law Attorneys With Compassion, Strength, and Professionalism
When choosing a family law attorney in Carmel people look for a lawyer who really cares, who is compassionate and understanding, who will treat them with respect and dignity, who is discreet and professional, and who has the strength required to protect their interests. They also want a Carmel family law lawyer who is upfront and honest and who can accomplish the goal effectively.
Carmel family law attorneys Jill and JR Emerson enjoy these talents and more. They are not only focused on resolving your current legal issue, they will refer you to services that may help you avoid future legal problems.
Carmel Family Law Attorneys Here To Help You
Sometimes love doesn't last. Contact us to learn how to best protect what is important to you and your family. Our family law attorneys will speak...
The first step to filing divorce in Indiana is to make sure that you meet the residency requirements. In order to file in Indiana, at the time you file you...
Sometimes spouses, for whatever reason, just cannot get along throughout the divorce process. This is referred to as a high conflict divorce. In...
Even if only one party earned retirement benefits during a marriage, both spouses are entitled to 50% of those earned benefits. To divide the...
Indiana law creates a presumption that each party to a marriage is entitled to 50% of the marital property. This presumption of a 50-50 split of...
Your next step is to file the appropriate documents with the correct court. The document filed with the court is called a Petition for Dissolution of Marriage.
For many parents, child custody and parenting time problems create a great amount of unease. Basically in Indiana courts will resolve any dispute about child custody and parenting time according to the best interests of the children involved.
Child support comes with rights and responsibilities. Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines.
Indiana presumes that each spouse will work and support themselves after the marriage ends. The exception to this is where one spouse is disabled and cannot work. If this happens, the non-disabled spouse will typical pay the disabled spouse what...
Carmel Family Law Attorney FAQs
Can I ask an attorney questions concerning my situation over the phone?
Yes. Call (317) 969-8000 to speak with a Carmel family law attorney today.
What if I prefer to meet in person? Do I need to retain the attorney before I get to talk to one?
Just give me a call and we will schedule a FREE Initial Consultation. This does not require you to hire us.
Can I represent myself without hiring a Carmel family law attorney?
While it is your right to represent yourself, it is generally not recommended. If you have absolutely nothing to lose, perhaps you could represent yourself. However, even then, I would recommend that you consult with an attorney to help you evaluate if representing yourself, without a Carmel family law attorney, is the best choice for you and your family.
How long does it take to get a divorce finalized?
In Indiana, there is a mandatory 60 day waiting period after the Petition for Divorce is filed with the court. If you and your soon-to-be ex-spouse cooperate, the divorce process can seem very short. However, if your divorce is combative, the process can take much longer. I know that divorcing is a very trying time in your life, for that reason, it is my goal to work with you to efficiently complete your case.
How much does it cost to get a divorce?
We offer programs to fit most budgets:
- Flat Fees
- Payment Plans
- Give us a call, let's figure it out together.
Do I have to move out of my home?
- You have been ordered by the court, or
- You and your attorney have concluded that moving out makes sense in your situation.
Call JR Emerson before making the decision to move out of the marital home or any other important decision that will affect the outcome of your divorce and life ahead.
Can my wife/ex-wife move away with the kids?
Yes, if she has permission from the other spouse or court order, it is possible to move away. However, this is hardly ever in the best interests of the children which are the standard the court uses in making nearly all determinations involving a child.
How will the Judge calculate child support?
Here is a link to a Child Support Calculator offered by the State of Indiana, child support calculator. Please use this only as an estimate. Attorney JR Emerson is ready to help you investigate the potential sources of reducing your child support obligation.
The Judge has issued the divorce decree, what can I do now to reduce my child support obligation and/or increase my time with my children?
Frequently there are several opportunities for you to advance your position both during and after Settlement with your ex or following a Final Judgment by the court. These include Modifications, motions for reconsideration, and even Appeals, any of which may help you improve your position.
How is a legal separation different from a divorce?
If you are Legally Separated, you are still married. There may be financial considerations which keep a couple from desiring a divorce. Perhaps, a spouse needs to remain on the health insurance plan. In Indiana a Legal Separation is only good for 1 year and must be renewed. Additionally, a Legal Separation DOES NOT require a 60 day waiting period. Divorce in Indiana does require a 60 day waiting, or cooling off, period. Once the Judge signs off on your divorce you are single.
Is mediation a good idea?
Mediation might just be the trick to get you and your soon-to-be ex on the same page with your divorce or child custody case. However, before you make the decision to mediate, negotiate, or litigate your divorce, you should consult an attorney. Furthermore, you should consult an attorney before you reach a full settlement or sign an agreement. Having a plan of attack provides you with the best chance of reaching your goals, but it most likely save you money and reduce your stress.
Will the court really split our property in half?
Indiana has a “one pot” theory. This means that all property owned at the time of the divorce by the husband, wife, or both, is in the pot and subject to division. This includes assets and liabilities (so bills are included). However, this presumption can be overcome by showing the court that you owned the property in question prior to the marriage. There may be times where an unequal division would work in your favor. As such, it is important to investigate the financial and tax consequences of this division.
What will the judge look at to decide child custody?
Judges have broad discretion, meaning that they can look at lots of different things, in making custody decisions. However, the key term you will hear when a child is involved is “the best interest of the child.” In Indiana, it is generally in the best interest of the child to have continuing and regular contact with both parents. However, this decision is based on the facts of each individual case. If there is an issue of child custody, you should speak with a family law attorney in Carmel before any final decision is in place.
What can I do to defend my rights in regard to custody and visitation?
Take advantage of the time you have with your children. In fact, you are more likely to spend more time with your children after your divorce if you spent lots of time with them while going through the divorce. This is why I do not recommend you moving out of your home right away. You have the right to spend time with your children. If your spouse limits your time with your children, you should call a family law attorney in Carmel immediately. Do not distance yourself from your children just to escape conflict with your spouse. Doing so may increase your child support obligation payments when the divorce is final.