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
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.
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...
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.
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...
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.
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.
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.
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...
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.
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.
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...
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.
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...
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...
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...
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.
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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