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Questions Answered by JR Emerson
1 Answer | Asked in Divorce for Indiana on
Q: I filed for divorce and court was set. If my husband signs the papers before court will it be finalized before court?
JR Emerson
JR Emerson answered on Oct 22, 2013

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... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: How many over nights is the father able to get?
JR Emerson
JR Emerson answered on Oct 22, 2013

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... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Must divorce attorney be from my county of residence?
JR Emerson
JR Emerson answered on Oct 19, 2013

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 for Indiana on
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
JR Emerson
JR Emerson answered on Feb 14, 2013

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

The judge allowed the non-custodial parent permission to place child on their taxes because they said they would put the full amount of the refund in a savings account in the child's name; can I ask for proof that it was put in the account? Showing proof was not in the court order, but since the... Read more »

JR Emerson
JR Emerson answered on Feb 14, 2013

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... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a warrant fta probation misdameanor i completed 28 days treatment and 3 month recovery home i dont want jail
JR Emerson
JR Emerson answered on Jan 23, 2013

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.

1 Answer | Asked in Divorce for Indiana on
Q: What should I do if my ex did not complying with prior court order?

I had been divorced nearly 2 years ago in Denton, TX. Now I m staying in Indiana for time being. What should I do in my case?

JR Emerson
JR Emerson answered on Jan 23, 2013

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...
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1 Answer | Asked in Divorce for Indiana on
Q: Divorce decree in place with alimony. Ex & I have came to a single payment does this need to go back before a judge?
JR Emerson
JR Emerson answered on Jan 23, 2013

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...
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1 Answer | Asked in Family Law for Indiana on
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?

Being unmarried, she is keeping my daughter from me and not allowing me to see her just to hurt me. WHat can I do?

JR Emerson
JR Emerson answered on Jan 14, 2013

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... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: My husband filed for a divorce but wants me to leave the house and wont leave himself! i dont work and have kids

My husband filed for divorce but wont leave the house,he has all kinds of family here but i dont. im being emmotionally abused and i have many health problems and awaiting for disability and cant work. i need to know how to get help on getting him to leave our home legally??? desperate please help

JR Emerson
JR Emerson answered on Jan 14, 2013

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.

1 Answer | Asked in Divorce for Indiana on
Q: Need to know what I have to do to establish residency in Indiana to file for divorce?

How is residency determined for divorce filing?

JR Emerson
JR Emerson answered on Jan 14, 2013

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"... Read more »

1 Answer | Asked in Divorce for Indiana on
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?

2 kids living with family he wont leave can I make him?

JR Emerson
JR Emerson answered on Jan 3, 2013

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...
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1 Answer | Asked in Divorce for Indiana on
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 .
JR Emerson
JR Emerson answered on Jan 3, 2013

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... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My husband is being charged with a class D felony for theft. He didn't actually take anything.

His friend supposedly got permission to take a bunch of scrap metal from a burnt down abandoned house and the neighbors to this house called the police on them. His buddy took off before the police showed up leaving my husband high and dry to take punishment, my husband not knowing he didn't... Read more »

JR Emerson
JR Emerson answered on Jan 3, 2013

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... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Do I have to allow visitation if the other parent is homeless?

My daughter's mother has recently been evicted from her home, she has been sleeping in her car and occasionally at friend's or relative's but always in a very bad and dangerous neighborhood. Do I have to allow visitation, especially when she doesn't keep a regular visitation schedule to begin with?

JR Emerson
JR Emerson answered on Jan 3, 2013

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.

1 Answer | Asked in Family Law for Indiana on
Q: Does non custodial pay for extracurricular and all birthday gift expenses when kids are invited?

I pay weekly support $309.00,and 79 % of medical expenses per order, I provide well for my kids.. I have been supporting 50% of activity cost for my kids but was given a bill for my daughter for 1,223.00 for 5 dance classes, ex wants me to pay all I gave her 1/2 on current one and said no more, I... Read more »

JR Emerson
JR Emerson answered on Jan 2, 2013

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... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What defenses are available to the criminal accused?
JR Emerson
JR Emerson answered on Jan 2, 2013

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... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Is there anything that can be done in situations when prosecutors don't want to handle certain cases for disabled person
JR Emerson
JR Emerson answered on Jan 2, 2013

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...
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1 Answer | Asked in Family Law for Indiana on
Q: I need a lawyer that will take payments and a down payment for family law( dfc ) in jennings county indiana
JR Emerson
JR Emerson answered on Jan 2, 2013

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
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
JR Emerson
JR Emerson answered on Jan 2, 2013

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,... Read more »

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