Questions Answered by JR Emerson

Q: I filed for divorce and court was set. If my husband signs the papers before court will it be finalized before court?

1 Answer | Asked in Divorce for Indiana on Sep 18, 2013

Answered on Oct 22, 2013

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JR Emerson's answer
Like most legal answers, it depends. If he signs "the papers" you will both need to sign the documents to waive the final hearing, and the settlement agreement. Besides that, those papers and some others will have to be filed with the Court before everything is finalized. I suggest you contact a local divorce attorney to discuss your options if you haven't already done so. Good Luck. JR Emerson, Indianapolis Divorce Attorney

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Q: How many over nights is the father able to get?

1 Answer | Asked in Child Custody for Indiana on Sep 18, 2013

Answered on Oct 22, 2013

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JR Emerson's answer
You can negotiate any number of nights with the mother, I am assuming that she has primary custody. In general, the minimum is 1x per week, and every other weekend. If you want to spend more time with your child you can work with the mother or tell the Judge that you want more time. If you do go to court you will want to show the Judge why spending more time with you is in the child's best interest. Speak to an attorney to learn more.

Best of luck.

JR...

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Q: Must divorce attorney be from my county of residence?

1 Answer | Asked in Divorce for Indiana on Jul 31, 2013

Answered on Oct 19, 2013

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JR Emerson's answer
Absolutely not. You can hire any lawyer you wish. He or she just needs to be licensed to practice in your state.

JR Emerson

JR Emerson

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Q: Can my room mate have a gun in the house when I have a domestic violence record? I am now divorced from my spouse

1 Answer | Asked in Domestic Violence for Indiana on Jan 31, 2013

Answered on Feb 14, 2013

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JR Emerson's answer
The question is not whether your roommate can have a gun in the house, the question is can you be in a house with a gun located on the premises?

You will need to look at your DV Order and see if you are Brady disqualified or not and/or for how long.

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Q: Non-custodial parent was allowed to put child on taxes. Can I ask for proof that refund is put in savings for child?

1 Answer | Asked in Family Law for Indiana on Jan 23, 2013

Answered on Feb 14, 2013

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JR Emerson's answer
Like most legal answers "it depends." If the Order did not specify that you be given proof then he/she is under no obligation to provide you with any such proof. Furthermore, if the judge did not Order the refund to be deposited into a saving account, then it is unlikely that such a deposit must be made. However, if the court did Order any refund to be deposited and those funds were NOT deposited, and the non-custodial parent refuses to make the deposit, then only the court can force...

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Q: I have a warrant fta probation misdameanor i completed 28 days treatment and 3 month recovery home i dont want jail

1 Answer | Asked in Criminal Law for Indiana on Jan 22, 2013

Answered on Jan 23, 2013

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JR Emerson's answer
You may not have to serve any jail time, but it all depends upon the circumstances of your case and the Judge. However, you need to speak with an attorney about the specifics of your case so that together you can determine the best path forward. Congratulations on your recovery.

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Q: What should I do if my ex did not complying with prior court order?

1 Answer | Asked in Divorce for Indiana on Nov 19, 2012

Answered on Jan 23, 2013

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JR Emerson's answer
If he is not complying with a Court Order that is obviously not a good thing. In order to enforce or make him comply the court will need to be made aware of his failure. Ultimately a Judge may find him in contempt of court.

Typically contempt arises when one party fails or refuses to comply with the terms of a court-approved "agreement" between the parties or a court order. To be found in contempt the court must find that the person willfully disobeyed the order in...

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Q: Divorce decree in place with alimony. Ex & I have came to a single payment does this need to go back before a judge?

1 Answer | Asked in Divorce for Indiana on Jan 16, 2013

Answered on Jan 23, 2013

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JR Emerson's answer
If the Judge issued an Order, and you and your wife have worked out some other arrangement, then the Judge's Order should be changed to reflect your new "arrangement". If you fail to follow a Judicial Order you may find yourself facing contempt charges.

Speak to an attorney to amend the order.

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Q: My gf and I are not married but we lived together for 4 years with our 3 year old, we split up, what are my rights?

1 Answer | Asked in Family Law for Indiana on Jan 8, 2013

Answered on Jan 14, 2013

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JR Emerson's answer
You have legal rights regarding your daughter. You need to speak with a family law attorney concerning Child Custody, Child Visitation, as well as Child Support as soon as possible in order to reach an agreement with her or to seek a Court Order defining your rights and responsibilities. The facts of each case make unique, however, you do have rights under Indiana law but you may need a court order to enforce those rights.

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Q: My husband filed for a divorce but wants me to leave the house and wont leave himself! i dont work and have kids

1 Answer | Asked in Divorce for Indiana on Jan 4, 2013

Answered on Jan 14, 2013

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JR Emerson's answer
As a married couple you both have a right to the marital home. Additionally, you both also share in all assets and liabilities. Without a court order you are both equally entitled to reside in the home. You need to speak with a family law attorney as soon as possible. Good luck.

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Q: Need to know what I have to do to establish residency in Indiana to file for divorce?

1 Answer | Asked in Divorce for Indiana on Jan 7, 2013

Answered on Jan 14, 2013

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JR Emerson's answer
At the time of the filing of a petition for dissolution, at least one of the parties must have been a resident of Indiana for at least six months immediately preceding the filing of the petition with the court. Furthermore, in order to have "preferred venue" (to get the case before the "right" court either party must reside within that county for at least three months prior to filing.

So to answer your question, you and/or your soon-to-be ex-spouse will need to have a place that you...

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Q: I am wanting a divorce from my husand we have 2 kid he doesn't want to sign can we divorce with my signature?

1 Answer | Asked in Divorce for Indiana on Nov 25, 2012

Answered on Jan 3, 2013

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JR Emerson's answer
You can divorce without your spouse's consent. It may take a bit longer, but if one spouse wants to divorce that is all that is needed.

If your home is owned by you and your spouse then he has a legal right to live in the house, just as you do. Unless or until there is a court order (or some other legal justification) forcing him from the house, he has a right to be there.

Speak to a family law attorney about both processes.

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Q: What do I need to do to get divorce I don't have kids and I got married in New Jersey now Iam living in Indiana .

1 Answer | Asked in Divorce for Indiana on Dec 9, 2012

Answered on Jan 3, 2013

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JR Emerson's answer
Before filing for divorce in Indiana, at least one spouse must be a resident of Indiana for at lease six months. So if you have been living in Indiana for at least 6 months then you can begin the process in Indiana. After you have filed for divorce, the you must wait at least 60 days before a court will finalize your Petition for Divorce. Best of luck.

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Q: My husband is being charged with a class D felony for theft. He didn't actually take anything.

1 Answer | Asked in Criminal Law for Indiana on Mar 28, 2012

Answered on Jan 3, 2013

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JR Emerson's answer
The quick answer is yes. Prosecutors have a great deal of discretion on whether or not to file charges. In order to be convicted the State will have to prove that your friend Knowingly or Intentionally exerted control over the property of another person and did so without the permission of the property owner. I believe that your friend's attorney, if he/she gets an attorney which I highly recommend he/she do, will focus on the element of knowingly or intentionally exerting control with the...

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Q: Do I have to allow visitation if the other parent is homeless?

1 Answer | Asked in Family Law for Indiana on Jul 5, 2012

Answered on Jan 3, 2013

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JR Emerson's answer
If there is a Child Custody Order from the court, then that document would control. It would seem unlikely that such an order would make a provision in the event of homelessness. You may want to go back to court to address your concerns with her visitation in to modify the court order.

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Q: Does non custodial pay for extracurricular and all birthday gift expenses when kids are invited?

1 Answer | Asked in Family Law for Indiana on Oct 12, 2012

Answered on Jan 2, 2013

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JR Emerson's answer
Hopefully extracurricular activities were addressed in your Divorce Decree and/or Final Settlement Agreement. The Divorce Decree and/or Final Settlement Agreement are Court Orders which must be followed. I recommend that you start by examining these legally controlling documents. More than likely you and your former spouse addressed these "additional" costs when you divorced. If that is the case, both you and your former spouse are bound by that agreement unless you are able to go back to...

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Q: What defenses are available to the criminal accused?

1 Answer | Asked in Criminal Law for Indiana on Sep 11, 2012

Answered on Jan 2, 2013

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JR Emerson's answer
Depending upon the crime there can be numerous defenses available to someone accused of a criminal act. Quite broadly there are four types of criminal defenses: Affirmative Defenses; Procedural Defenses; Factual Defenses, and; Legal Defenses. Of course the defense(s) used depend upon the facts surrounding each particular event, making it impossible, without more information, to provide you with a specific answer to your question.

If you haven't already done so, contact a criminal...

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Q: Is there anything that can be done in situations when prosecutors don't want to handle certain cases for disabled person

1 Answer | Asked in Criminal Law for Indiana on Nov 13, 2012

Answered on Jan 2, 2013

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JR Emerson's answer
Prosecutors have great discretion as to whether or not to bring charges, what to charge, and/or any plea agreements that they may reach with the defendant. A prosecutors limited resources may impact his or her decisions, additionally, the likelihood of conviction may also play a role.

Even if a prosecutor does not file charges, an individual who has been injured by the act of another may be able to file a civil lawsuit. So even if a prosecutor does not want to handle certain cases you...

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Q: I need a lawyer that will take payments and a down payment for family law( dfc ) in jennings county indiana

1 Answer | Asked in Family Law for Indiana on Dec 3, 2012

Answered on Jan 2, 2013

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JR Emerson's answer
Most lawyers will take a down payment and work with you on a payment plan. Just contact a few lawyers in the area and tell them what you can do financially, you should be able to find a lawyer that can help you with your case.

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Q: We have a cout order stating father must carry health insurance. he has not paid for policy and it is termed.what to do

1 Answer | Asked in Family Law for Indiana on Dec 30, 2012

Answered on Jan 2, 2013

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JR Emerson's answer
If the father was ordered by the court to carry health insurance and he is not doing so he is violating a court order and may be found in contempt of court. Your options to enforce this order are limited. First ask him to get the insurance back in place, as the Judge ordered him to do. Second, you can take him back to court to make the Judge "aware" that the father is not complying with the initial court order.

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