Overview of Family Law in the Hoosier State
Family law in Indiana centers around the legal issues that arise during marriages, domestic relationships, and civil unions between parents and children. As a full-service law firm based in New Albany, Indiana, Parker & Elder understands the nuances of Indiana family law and how to represent clients in court and accomplish their goals with minimum impact on their personal lives.
Family law includes:
Divorce – When spouses divorce, they divide their marital assets and agree to live separately in the future. Marital assets include property, money, and debts that were acquired by either spouse. In Indiana, there is a presumption of equal division of marital estate unless there are compelling reasons for unequal division.
Custody and visitation- Custody and visitation issues have changed dramatically over the past few decades. In the past , the presumption was that mothers would receive custody over children. Now there is a presumption of joint physical custody, although this presumption may shift depending on the age of the child, the distance of the parents, excessive property, substance abuse or neglect, domestic violence, and other circumstances.
Child Support – In addition to custody and visitation, child support is also a major issue in divorce. Indiana uses a standardized formula for determining child support, but the amount can vary depending on the facts of the case. If the court finds that it will be in the best interests of the child, it may deviate from the standard formula.
Other Family Law Issues – Other issues that touch on marital relationships are property settlements, name changes, paternity, protective orders (formerly known as restraining orders), and spousal maintenance.
Importance of a Family Law Attorney
Regardless of the nature of your family law case, you should absolutely be working with a qualified family law attorney to pursue your goals. You may not realize it, but there are many specific family law attorneys, all with different areas of focus, so make sure to hire the right family law attorney for your specific case.
This is a given, but it’s important to have an experienced professional representing your interests, since the outcome of a family law case can influence the rest of your life. Whether you are fighting in court for custody over your baby or you are struggling to determine whether or not you are responsible for child support, numerous facets of your future can be affected. This is why the right attorney is essential.
We know it’s not easy to ask for help even when you desperately need it, but the truth is that you need a family law attorney to put your interests above everything else. If you are going through a divorce or dealing with adoption, then you cannot expect your family member to represent you properly, because their loyalties will be torn, and they may not understand the law well enough to adequately represent your case. Family law attorneys always put their clients above all else, so hiring an attorney means hiring an advocate who will listen to and put your needs first and foremost.
You don’t go through a divorce every day, even though you may have relatives who have been through the process, but an Indiana family law attorney handles these kinds of cases regularly. The attorneys at our firm devote our lives to the law, which places us in a much better position to look out for your best interests. Remember that attorneys are equipped with extensive knowledge, as well as professional experience. We live and breathe these situations, which means we know how to protect you.
Selecting a Family Law Attorney in New Albany, IN
Finding the right family law attorney in New Albany, Indiana can be a daunting task. However, understanding what to look for in an attorney can help make the decision a little easier. You want to consider experience, which is a significant factor in choosing your family law lawyer in New Albany. You should look for someone who has successfully navigated cases similar to yours. Certification is another essential aspect. According to the Indiana State Bar Association, attorneys who have gone through a rigorous certification process and have additional knowledge and skills earn the designation of Certified Family Law Specialist. This certification requires that the attorney have a minimum of five years of experience and submit a portfolio of at least 36 credit hours of continuing legal education. The attorney must also have at least 60 hours of family law experience and they must pass a written examination. Another area to consider is client testimonials. Look for attorneys with positive reviews and first-hand experiences from their clients. It is important that you feel confident that your attorney has a track record of success.
What Services Do Family Attorneys Provide?
Family law attorneys often cover a wide range of services, from working with clients to help them mediate disputes to working through the courts during litigation. Many people in New Albany, Indiana, may be surprised at just how expansive the services provided by family attorneys can be.
Litigation support helps clients navigate through the more contentious aspects of a legal issue. They offer not only counsel but also advocacy, standing up for clients as a legal representative in court and helping to resolve difficult legal matters through negotiations or other means.
Non-litigious support, on the other hand, can help clients avoid going to court in the first place. Family law attorneys have the skills and training to come into a situation and offer couples the chance to work through their disputes in a positive and constructive manner, helping them find common ground and put their differences aside. This is called mediation. Clients may also seek the counsel of attorneys not only during divorce proceedings but during other parts of their lives, as well. The legal system can affect clients before they get married, during the divorce process and even after they have moved on with their lives, depending on how issues such as child custody are sorted out. If they need legal advice or assistance at any point, these are individuals who can provide it. Whether the legal concerns are with regards to litigation support or other things such as marital agreements, such as property division and custody arrangements, it can be beneficial to consult with a family law attorney and see what solutions may be available.
Divorce and Custody Matters
A family law attorney plays a crucial role in helping clients navigate the complex legal processes of divorce, separation, and custody arrangements. Specifically, in cases of divorce, your attorney will guide you through the legal proceedings to have a court enter the terms of settlement into the court records as a legal divorce decree, which is a court order. Much like the case of a divorce, if a person goes through a legal separation in New Albany, Indiana, the family law attorney will work with you to get a separation agreement entered onto the court record as a court order; thereby splitting your assets and debts fairly between your spouse and you, and establishing child support and visitation arrangements .
If you and your spouse have children, your family law attorney will help you create a visitation and child support proposal before filing for legal separation or divorce. Since these legal documents are filed with the court, they will become part of a final divorce decree, legally granting property, debts, child support, and visitation rights. The amount of child support paid will be dependent on both parents’ incomes as well as the amount of time each parent spends with the child. Custody is about where the children will live, while visitation schedules will determine how much time each parent will spend with the child.
Fees Charged By Family Law Attorneys
The decision to hire a Family Law Attorney is a significant one that comes with associated costs. In New Albany, Indiana, costs and fee structures vary depending on the nature and complexity of individual cases. Some attorneys charge by the hour, while others offer flat fees for specific services like divorce filings, child custody mediation, or modification hearings. A typical hourly rate for a family law attorney in the New Albany area ranges from $150 to $300, but this can vary.
First consultations with a family law attorney are usually offered at no charge, although fees for detailed consultation on cases may apply. In some situations, clients may be eligible for legal aid, which can help subsidize or reduce costs. It’s important to discuss billing methods during the initial consultation so clients know what to expect as their case progresses and can make informed choices about how best to proceed.
Preparation for Your Initial Consultation
When you finally make the decision to consult with a lawyer about your family law situation, the first step is to prepare for your initial meeting.
This means making sure you have the documentation necessary for the attorneys to advise you. This may include the following: It is also a good idea to come to your meeting with a list of questions you have about the case, the attorney and the legal system in general. You should consider asking the following: The purpose of this meeting is for you to gain a basic understanding of your particular legal issue so that you can make informed decisions going forward. You should leave this initial meeting with a sufficient understanding of your legal problem to equip you to take the next step in your case.
Feedback from Our New Albany Customers
Finding the right family law attorney for your needs in New Albany starts with the experience of other attorneys and their clients. Here are some testimonials from previous clients as well as attorneys from the Southern District of Indiana U.S. Bankruptcy Court.
Samuel Wilkes, New Albany resident
"My divorce was one of the hardest things I’ve ever gone through. I had a lot of anger towards my ex husband and really wanted someone who could put him in his place, but I was worried about how my own behavior would be judged throughout the case. From our very first meeting, I felt like my attorney really had my best interest at heart and continually reminded me that we were in a legal proceeding, not a counseling session. I had never met a lawyer who was so down to earth and so easy to talk to and we got results because of it."
Judge Boyd Barkley, Southern District of Indiana U.S. Bankruptcy Court.
"Court appointments are sometimes difficult for attorneys because the client is assigned to you , instead of you choosing the client. And because it’s only after a judge appoints the attorney that the attorney gets to meet their client. That said, Ms. Hurst and I got very lucky because she was willing to take on the case. She came to court so well organized, professional, and with a real passion for getting things done. My client was as happy as could be, and I was too."
Tony Martin, New Albany resident
"After the dust settled, I was finally free from my abusive ex. But the legal wrangling wasn’t over. We were still back in the court system. This time he was fighting for custody of our children. I needed someone who knew how to handle these court proceedings but also cared what happened to us off and outside the courthouse. I have finally found someone who takes the time to remember those things and really ask me what I wanted out of this process. If you want someone to listen to you, Mrs. Hurst is the best."
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