With over 30 years of combined experience, Emerson Divorce and Accident Injury Attorneys, L.L.C.'s Jill Emerson, JR Emerson, and their team are dedicated to serving the Carmel area with quality family law consultation. Their practice focuses on family law, criminal defense, and personal injury. Jill and JR Emerson are known to be reasonable but also to fight on behalf of their client’s, even if that means going against insurance companies, large corporations, ex-spouses, and the state.
What Family Lawyers At Emerson Divorce and Accident Injury Attorneys, L.L.C. in Carmel, IN Can Do For You
Emerson Divorce and Accident Injury Attorneys, L.L.C. was founded in 2012 by JR Emerson. Since then, they’ve expanded their team of passionate divorce and and accident injury attorneys, serving clients in Indianapolis, Zionsville, Westfield, Fishers, and Carmel.
Rated 10.0 Superb by AVVO and Top 100 Civil Attorneys in the State of Indiana by the National Trial Lawyers, you know you can trust Emerson Divorce and Accident Injury Attorneys, L.L.C. to handle your case. Emerson Divorce and Accident Injury Attorneys, L.L.C. focuses on criminal defense and personal injury, with a primary focus in family law in Carmel. They have experience in high conflict divorce and property division, retirement benefits, spousal maintenance, child support, and child custody.
Focusing on a wide variety of services, ranging from divorce and family law, to personal injury, the lawyers at Emerson Divorce and Accident Injury Attorneys, L.L.C. are capable of handling your individual case with care. Read on to learn more about what we can do for you.
Carmel Family Lawyers
Things can get complicated when it comes to dealing with family matters in court. The good news is that Emerson Divorce and Accident Injury Attorneys, L.L.C. helps Carmel families by focusing their practice on divorce and property division, retirement benefits, spousal maintenance, child support, and child custody. Believe it or not, family law cases are not that different from serious injuries. Each side requests evidence from the other side. The Carmel family law lawyers then test that evidence. Frequently, a settlement conference (called mediation) is held in an effort to resolve the dispute. Finally, if an agreement cannot be reached a trial may be held to make the ultimate decision.
Divorce and Property Division
Divorce can be an emotional process — but it doesn’t have to drag on needlessly. The Carmel Divorce lawyers at Emerson Divorce and Accident Injury Attorneys, L.L.C. work alongside you every step of the way to ensure a smooth transition.
In most cases, one of the biggest issues in a divorce is the division of property. Under Indiana law, each party in a divorce is entitled to 50 percent of the marital property. Both spouses are usually rewarded 50 percent of the marital estate and 50 percent of the marriage debt.
Did you know that your ex-spouse may be entitled to your retirement benefits?
If you have a retirement account and are going through a divorce, it’s important to know the Indiana law with retirement benefits. Even if only one spouse receives retirement benefits, the other spouse is entitled to 50 percent of them.
Generally, to divide these benefits, you must undergo a Qualified Domestic Relations Order (QDRO), which can be a long process. In other cases, the court observes pension benefits as a marital asset to be divided equitably.
If you are divorcing and have a retirement account, consult with Carmel family law lawyers at Emerson Divorce and Accident Injury Attorneys, L.L.C. immediately to see what they can do for you.
After a divorce, most people assume that both parties will support themselves. However, there is one exception called spousal maintenance.
Spousal maintenance is when one spouse is disabled and unable to work or if there is a disabled child. In these cases, the non-disabled spouse will have to pay what is called spousal maintenance.
Child Support and Child Custody
Child custody and child support are both decided at the time of a divorce or later upon a request of either party to modify custody or child support.
With child custody, sometimes the parents disagree about who should be the primary caretaker of the child. In special cases, the payer might request a payment modification, which is a lengthy process that attempts to adjust the amount paid per month.
With child support, the noncustodial parent is given a sum to pay monthly to the primary parent to help with the child’s costs, like clothing, food, activities, and other necessities.
No matter the severity of the case, you need an experienced attorney at your side that will fight for you.
Personal injury is not to be taken lightly. Please consult with JR and Jill Emerson if you have suffered an injury from any of the following:
- Car Accidents
- Semi-Truck Accidents
- Slips and Falls
- Motorcycle Accidents
- Defective Roads
- Nursing Home Injuries
- Bucket Truck Accidents
- Wrongful Death
- Medical Errors
- Dental Malpractice
- Dangerous Conditions
- ATV Accidents
- Negligence of Others
- Railroad Accidents
- Animal Attacks
- Unsafe Conditions
- Inadequate Security
- And more
Sometimes insurance companies don’t want to pay out the full amount you deserve, so it’s best to have a hard-working lawyer at your side. If you have been involved in a serious accident, our office will utilize various experts including those who reconstruct accidents, medical specialists, and others. In an accident, it is vital to ensure that evidence is preserved in order to achieve your best outcome. And while most cases are settled before going to court, Jill and JR are prepared to try your case if that becomes necessary.
Contact Carmel Divorce & Family Law Attorneys, IN at Emerson Divorce and Accident Injury Attorneys, L.L.C. Today
If you need someone to talk to about a divorce, serious injury, or criminal charges, then you’ll want to consult with Jill and JR Emerson who have been rated among the best attorneys in Carmel. If we decide to work together you do not just get Jill’s or JR’s experience, instead, our office works as a team who will share thoughts, ideas and solutions.
Even if you’re unsure where to start, then talk to Emerson Divorce and Accident Injury Attorneys, L.L.C. for a free consultation. The team wants to help you make the best decision for you no matter which route you decide to take, so give our family law lawyers a call or contact them online today.
Frequently Asked Carmel Divorce Questions
Do I have to live in Carmel in order to file for divorce in Hamilton County?
In order to divorce in Indiana one of you must have lived in Indiana for the past six months and in Hamilton County (or the County where you file) for the past three months.
In Carmel is there a waiting period before a divorce can be finalized?
Yes. Indiana has a 60-day waiting period after filing the Petition for Dissolution of Marriage. While a divorce in Indiana can be a quick as 60 days, but most take longer and the length of time just depends on how much each party can agree upon.
In Hamilton County, how do we get my spouse the divorce documents?
Formally getting your spouse the divorce documents is called service of process. Under Indiana law, you serve your spouse via certified mail, by a sheriff, or by a private process server. Most are served by certified mail, return receipt requested which makes the process very non-confrontational.
What if I don't know where my spouse is located?
In all cases you need to make reasonable efforts to locate your spouse. But, if you still cannot find your spouse you can serve your spouse via publication, which means a small ad in the newspaper.You can ask the Hamilton County Clerk's Office to set up service of Summons by publication, with the Times or the Noblesville Star.
Where do you file for divorce in Carmel or Hamilton County?
The county courts for Hamilton County are located in Noblesville. You will file the Petition for Dissolution with the clerk’s office, who will then assign the case to a Court.
How much does it cost to file for divorce in Hamilton County?
Filing fees for Hamilton County are $141, plus any additional fees which may be appropriate.
Does Hamilton County have any rules that are different from other Indiana courts?
Yes. The Hamilton County courts require both parties to complete a financial declaration form within three days of a preliminary hearing or within 10 days of a final hearing. And if the parties reach and file an Agreement the financial declaration forms do not need to be filed with the court. Additionally, Hamilton County requires that when the parties have minor children in common they must attend a meeting called Child Cope With Divorce by the Visiting Nurses Service.
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Legal Resources in Carmel
Sometimes people don’t know who they can turn to for help. To help you, here is a list of links to websites where you can find valuable information about the field of family law and the Hamilton County Courts:
- Indiana Parenting Time Guidelines - a thorough guide for child visitation in Indiana
- Child Support Information - statutory information for a detailed look at child support in Indiana
- Indiana Child Support Calculator - a relatively easy-to-use program that enables you to begin the process of determining a child support obligation
- Indiana Department of Child Services - state of Indiana parent resource
- Indiana State Central Collection Unit - the agency responsible for collecting and distributing child support in Indiana
- Grandparents' Rights in Indiana - Indiana Legal Services, Inc. provides a short overview of the rights the elderly and grandparents in Indiana
- Adoption - legal issues surrounding adoption in Indiana
Jill Bracken-Emerson, of Emerson Divorce and Accident Injury Attorneys, L.L.C., has been helping families in central Indiana for 20 years. We strive for our Carmel family law lawyers are among the most professional and knowledgeable. If you’re searching for an attorney in Carmel, Indiana, give Emerson Divorce and Accident Injury Attorneys, L.L.C. a call and you’ll see why we are a popular choice.