Why Work with a Local Family Law Attorney?
Anderson, Indiana, located in the heart of Madison County, offers numerous opportunities for families facing legal challenges related to family law matters. When it comes to finding the right lawyer for your family law needs, choosing a local attorney who is well-versed in Anderson laws and regulations is essential. The benefits of hiring a local family law attorney in Anderson include a deeper understanding of the courts, rules, and processes in the area.
Local attorneys will have knowledge of local laws and regulations. Understanding the specific laws that apply within the jurisdiction can help ensure that clients are in compliance with all requirements. Local attorneys also have established relationships with the courts and other legal professionals. Having the ability to communicate effectively, and already having relationships in place , can be instrumental in advancing a case favorably for the client.
Familiarity with the local community is an added plus to hiring a local attorney. They often have roots in the area and are familiar with the values of the residents of Anderson. This familiarity with their clientele often yields more compassionate service.
Another advantage of hiring a local Anderson attorney is their knowledge of local schools and pertinent school policies. Issues regarding children are common in many family law cases, and with local attorneys, you can rest assured they are well acquainted with local policies and cultures of the schools in the area.
A local attorney can provide the best representation for clients. A family law attorney will be an invaluable asset to anyone in need of legal services in their local community.
Listing of Services Family Law Attorneys Offer
The range of services provided by family law attorneys encompasses several very distinct and sensitive matters. For instance, divorce proceedings are time consuming and require the skills of a highly experienced attorney to ensure a fair proceeding. These legal practitioners handle all the legal aspects related to divorce, such as discovery and the resolution of pension issues, child custody arrangements, equitable distribution of marital assets and liabilities, child support provisions, and the duration of the marriage that can affect property division.
They also counsel clients on spousal support or alimony. Prenuptial agreements are a critically important way to protect your assets and inheritance from abuse by someone less than trustworthy. These legal documents guard against the misuse of any support arrangement; protection against a former partner making unreasonable demands in the event of your death; and protection against undue pressure from a new spouse wanting more than his or her fair share of your hard-earned gains.
Assisting with the adoption of stepchildren or international adoption is another important service offered by licensed family law attorneys. These adoptions require and often involve certain entitlements and approvals only available through family law expertise. Again, only the law permits the right to take any action, even if your heart and mind feel otherwise.
Indiana Family Law Overview
Indiana follows the Uniform Child Custody Jurisdiction and Enforcement Act. Under Indiana Code §31-21-1-1 et. seq. (1998) and §27-4.1 – 2-1 et. seq., as amended, the statute is applicable to child custody determinations made in Indiana and those made by other states. The statute delineates the basis for jurisdiction by the state, authorizing the Court to make a child custody determination. Simply stated: A Court may "make an initial child custody determination only if" (1) the state is the home state of the child at the time of the commencement of the child custody proceeding; or (2) a court of another state has not issued a custody determination and a Court of this state is not a convenient forum under section 207 of this chapter. SEC. 102. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT. (1998) If a Court has initially made an initial child custody determination, that Court shall continue with such determination, so long as it has jurisdiction to do so. The statute sets out specific conditions under which the Court may decline to exercise jurisdiction. Generally, the statute provides that a Court which has made an initial custody determination is the one which should retain and exercise jurisdiction, unless it has lost jurisdiction or the parties have agreed otherwise.
How to Screen Family Law Attorneys
Another important aspect to consider when evaluating the best Anderson family law attorneys is their overall credentials and experience in the field. This includes their level of formal education as well as any additional training that they have undergone. For instance, Anderson based family law attorneys with an LLM (masters of law) degree will be more qualified to handle complex cases or unusual family matters. An LL.M in Family Law specialization may give the attorney a greater level of knowledge than other attorneys. In addition to education, the best Anderson family law attorneys should have specialized training in specific fields within family law.
Another key factor to consider when evaluating the top family law attorneys is their success rates. No matter how experienced or educated an attorney may appear, it is important to review their track record for success in handling family law cases. There are many different ways of measuring success among family law attorneys. First, ask the attorney for a history of their cases. This will include both wins and losses, as well as a discussion of the process that was used to reach the outcome of each case. You should also ask to see a list of case testimonials from previous clients. Look for testimonials from clients who had similar circumstances to your own, as this will give you a better idea of what to expect when working with the specific attorney in question.
You can also get a good idea of an attorney’s success by searching for case reviews online. Many lawyers will publish positive reviews from past clients on their websites, as well as on platforms like Avvo, Google My Business and Yelp. The Better Business Bureau is also a great place to look for past cases and client reviews of local family law attorneys. Always trust your instincts when meeting with prospective attorneys and carefully considering each family law case. You should feel comfortable with the attorney that you choose to work with on your case, as he or she will be making an important impact on the future of your family and your financial well being.
Typical Issues Faced in Family Law Cases
Anderson family law cases often times have two disputes that must be juggled at once when the parties are separating. From Child Custody and Parenting Time issues, to Property Division, a family law attorney’s most important job is to be a facilitator between the parties and provide them with a professional forum to discuss their issues seriously. The second important role of an attorney is to ensure that their clients understand the implications of the choices they are making. Indiana is not a community property state; meaning that you are not just dividing the assets and debts down the middle. You can trade an entitlement to a something-for-an entitlement to something else. For example, just because the house has $20,000.00 of equity, no one says you must take an equal dollar amount of equity in lieu of the house. Instead, you can elect to take the house and have your soon-to-be-ex-spouse take other high value asset or debt in lieu of taking a 50% interest in the net value of the house.
Child Custody and Parenting Time issues are often emotionally-charged. That’s not to say that property division isn’t emotionally-charged, but with Custody and Parenting time, the issue often revolves around where the children live and who gets to make the decisions for them. Often times, parents lose sight of the fact that courts are required to make the decision that is in the "best interests of their children." Parents start out with a joint legal custody presumption, meaning they are required to work together to raise their children in a physically separated environment as best they are able . When you and your spouse attended premarital counseling, who got the final decision about where to go to dinner if you couldn’t agree? Now you are going to require a judge whom has only met you for a grand total of ten minutes decide for you? Often this decision is about long term parenting time, namely overnights, and your children’s right to sleep in their own beds, and experience life with each parent. It is important that you make decisions about how to divide care of your children emotionally, even when you and your spouse disagree. An experienced attorney can help you navigate these difficult choices.
The appointment of a Guardian Ad Litem or Parenting Coordinator to many separates these disputes from your day to day life. Little Johnny breaking a baseball through the window while staying at the other parents home is no longer a parenting problem for you, it is a Parent Coordinator problem (assuming you have a Parent Coordinator) or Guardian Ad Litem problem. The experience of these professionals will help you collaborate to get the structure you need in your residential schedule to help your children have some stability. Often Parent Coordinators and Guardians Ad Litem will make recommendations to the court that are in the child’s best interests/well-being. These recommendations come from:
- School observations
- House visitations
- Other ongoing observations over a long period of time
Collaborating with these professionals can often times eliminate the need to litigate costly and unnecessary hearings.
How to Schedule an Appointment
When it comes to setting up a consultation with family law attorneys in Anderson, Indiana, the process is relatively straightforward. Most law firms will have a "Contact" or "Schedule a Consultation" form on their websites. Alternatively, you can call or email them directly. When you set up the initial consultation, you should be prepared for a few key points.
First and foremost, you and your attorney need to agree on the terms of your legal representation. Many attorneys will offer one-on-one consultations to help you understand your legal rights and obligations. This will help you determine whether or not to retain the services of the attorney. If you don’t feel comfortable with the attorney after the consultation, you are free to go to another firm.
As you would expect, there are costs associated with retaining the services of a family law attorney in Anderson. Your lawyer should state how their fees and costs will be paid for your legal services. This may include a retainer, hourly fees, or some other fee agreement. Make sure that you understand how much you will owe and under what terms. This is an important issue that should be discussed clearly during your initial consultation.
The fee arrangements are just one point regarding the scope of the attorney-client relationship. Other important issues relate to how long you will remain your attorney’s client, what services they will be providing, and what the scope of those services will be. This is often described as "scope creep," and it can lead to high bills and frustration on both ends. It is in your best interest to understand the limitations of your attorney’s services. In addition, you should inform your lawyer about how long you expect them to provide legal guidance and representation.
Legal FAQs on Family Law
For many who have not been to court before, it is mystifying to try to figure out where to start. We commonly are asked a number of questions by clients and potential clients – like where do I go to file a pleadings or what forms should I use? This is a series of some common questions we receive, with the answers formulated by our family law attorneys.
Q: What to do if I need a divorce?
A: First, understand whether you really need a divorce or whether the parties simply need some time apart. Try to address issue(s) that may be causing the breakup without litigation. However, if you need to file a case, contact an attorney to discuss the jurisdictional requirements for filing in your area, and the applicable law.
Q: What to do if I need child support?
A: Child support in Indiana is mandatory pursuant to Indiana’s Child Support Guidelines. You can obtain a copy of the child support worksheet to assist you in understanding what a potential order would look like by going to the Indiana Judicial System website.
Q: What to do if I have an attorney and I want to get a divorce?
A: Work with your attorney to arrange a consultation with your spouse’s attorney. Attorney fees are incurred by all parties to a divorce, and an agreement reduces fees , and is less stressful on the family.
Q: What to do if I will not be able to afford an attorney?
A: If you cannot afford to hire an attorney, you may be eligible for legal aid services. You can contact one of these agencies to see if you qualify for legal representation:
• the Indiana Legal Services,
• the Northwest Indiana Volunteer Legal Clinic, or
• the Volunteer Lawyer Program in your area.
If you do not qualify for legal aid, you may still file a motion yourself to ask the Court to allow you to proceed without an attorney.
Q: What to do if I am being served with divorce papers?
A: Naturally, you will be stressed as to how it has come to this in the relationship. This is an emotional time, so allow yourself some time to figure out how to handle the situation. We recommend that you do the following:
• Establish a support system with friends and family members to help you immediately.
• Provide for your safety if there has been domestic violence in the home (file for a protective order to ensure your safety).
• Contact an attorney to discuss your case further. Some family law attorneys provide free consultations so you can determine if you want to hire them.