Questions Answered by JR Emerson

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

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 ...
 
 

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

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 ...
 
 

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

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
 
 

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

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.
 
 

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

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 ...
 
 

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

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. ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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. ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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.
 
 

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

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, ...