Fort Wayne, Indiana Family Law Attorneys in Allen County

What is Family Law in Fort Wayne, Indiana?

Family law describes the practice of helping individuals with family relationships. It includes helping families pick up the pieces of their lives while guiding them through this difficult time and reminding them that they have better days ahead of them. Family law matters include the dissolution of marriage, child custody, child support matters, adoption, paternity, and father’s rights issues, among others. 

Because of the sensitive nature of these matters, family law cases can be very emotional and stressful for the parties involved. At Stange Law Firm, our lawyers are there to assist their clients through this tough process. Family law practice may involve any of the following topics:

Dissolution in Fort Wayne, Indiana

Dissolution is the process of dissolving the bonds of marriage. When parties get married, they form a legal relationship. If the parties decide that they would no longer like to be a part of this relationship, they must file the necessary paperwork with the Indiana courts.

Based on the state in which the dissulution is being filed, the rules and procedures can vary. While some states allow for no-fault dissolution of marriage, some states also may require a period of separation. Be advised that most states also have residency requirements that come into play when filing for dissolution.

Each state has its specific guidelines for how to divide debts and assets in a dissolution, but the rules are similar in most states. In most cases, the court looks to make an equitable division of the assets. However, this doesn’t necessarily mean dividing the assets equally for both parties, but rather what the court deems fair for both parties. In the state of Indiana, the law requires that a judge start with a presumption that an equal division of a couple’s property is “just and reasonable.” It is then up to either party to object and present evidence as to why an equal division would not be fair. 

Courts may consider things like the parties’ contributions to the marriage, the length of the marriage, and the needs of each party after the dissolution. Marital misconduct such as infidelity or domestic abuse can also play into the court’s decision in terms of property and debt division and spousal maintenance.

Dissolution is Civil Litigation in Fort Wayne, Indiana

Dissolution matters are heard in state court. Similar to other forms of civil litigation, parties may work to gather evidence through depositions, interrogatories, and subpoenas. Parties can also choose to participate in mediation sessions, the collaborative process, and other forms of alternative dispute resolution. In many situations, cases may be settled before going to trial. However, some cases that involve contested dissolutions, high assets, and certain other factors may have to go to trial.

Maintenance and Spousal Support in Allen County, IN

One of the most difficult issues in a dissolution matter is often maintenance and spousal support (previously referred to as alimony). Some states utilize a formula to determine the amount of support. In other cases, it is put in the judge’s hands and left to their discretion. Even in matters where the court uses a formula, it’s still imperative to make sure that the court uses the proper procedures to determine the correct amount of support.

Another consideration for spousal support may be the length of the marriage. Other factors can include the parent’s ability to pay support and the amount of debt that was jointly accumulated. The court also takes into consideration the age of the parties involved and their ability to work. Finally, they take into consideration the misconduct of either party. The family law attorneys at Stange Law Firm work to present evidence of these factors to the court for them to be able to achieve the best possible result.

Pre and Postnuptial Agreements in Fort Wayne, Indiana

A prenuptial agreement is a contract that parties sign before entering into a marriage. Prenuptial agreements should contain detailed descriptions of the significant property and debts owned by each partner. Depending on the nature and complexity of these assets, a prenuptial agreement can range from a few pages to hundreds of pages in length. At Stange Law Firm in Indiana, we draft each agreement so that it meets the exact needs of our clients. 

Certain matters cannot be included in a prenuptial agreement like child custody and child support agreements. Otherwise, the parties can create an agreement that outlines matters including separate property, distribution of the assets, and spousal support in the event of dissolution. This same type of agreement can also be entered into after a marriage has occurred. In this case, it is referred to as a postnuptial agreement.

Child Custody in Fort Wayne, IN

Child custody is one of the most contentious and difficult areas of family law. When it comes to custody of the child, most states base their decisions on the best interests of the child. The court takes into account which parent has the better relationship with the child, whether or not each parent can provide a stable home environment for the child, and whether either parent has any criminal background or any history of substance abuse.

If a parenting plan can be established by the parents, the court will usually follow this agreement. However, if the parents cannot agree, the family lawyers at Stange Law Firm can present evidence to the court regarding the child’s best interests. This can involve presenting school records, the testimony of a psychologist or substance abuse counselor, criminal records, and even medical records. Our attorneys will work to obtain the necessary evidence, while also making sure to consider the rules of evidence that are applicable in the particular local jurisdiction.

Legal and Physical Custody in Fort Wayne, Indiana

Most states divide custody into physical custody and legal custody. Physical custody is who actually, physically has the child in their custody at any given time. Legal custody describes who makes any major decisions about the child. Physical custody and legal custody can be shared between the parties, or the court can award primary custody to just one of the parents. It’s also possible to share one type of custody without sharing the other.

Family lawyers must know how the courts determine custody in their jurisdiction because rules between states can vary slightly. The family lawyers at Stange Law Firm help their clients understand the law and develop realistic expectations so that they can make the best decisions as their case progresses forward.

Child Support in Fort Wayne

Children have the right to support from both of their parents. The purpose behind child support is to provide the child with the same financial resources as if their parents lived in the same house, although in most child support matters, the child’s parents live in separate households. The courts presume that the parent who cares for the child will provide direct support for the child.

Each state has its respective formula for calculating the proper child support amounts. Most of these formulas take into consideration each parent’s income, any allowable tax deductions, and other expenses, a child’s health insurance expenses, and whether they have any specific childcare needs. Some states also factor in how much time each parent spends with the child, although this is not common practice by all states.

The family law attorneys at Stange Law Firm work with their clients to ensure that child support is fairly and accurately calculated. If the other parent tries to hide income or is unemployed by choice, an experienced family attorney can help the client by showing the entire situation. A family attorney also looks over the calculations made by the court to make sure that no errors were made that could result in an unfair and inaccurate calculation of child support.

Abuse and Neglect Proceedings in Fort Wayne, Indiana

Another sensitive area of family law practice involves abuse and neglect. If a state is under the assumption that a parent is not able to effectively care for a child, they may choose to begin abuse and neglect proceedings. The state may represent a parent who is accused of abuse or neglect, or they may even represent a child.

When family lawyers represent clients in abuse and neglect proceedings, they are trying to help defend their clients against the reports of abuse or neglect, or they are assisting their clients in regaining custody of their children by helping them comply with services and other requirements. Because the standard for terminating parental rights is high, family lawyers work hard to advocate for their clients in a situation where the state may be seeking to terminate those rights.