Indianapolis, Indiana Family Law Attorneys in Marion County

What is Family Law in Indianapolis, 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, PC, our lawyers are there to assist their clients through this tough process. Family law practice may involve any of the following topics:

Dissolution of Marriage in Indianapolis, Indiana

Dissolution is the process of dissolving the bonds of marriage. When parties marry, they enter into a legal relationship. If the parties decide they no longer wish to be part of this relationship, they must file the necessary paperwork with the Indiana courts.

Depending on the state where the dissolution is being filed, the rules and procedures can vary. While some states allow no-fault dissolution, others may require a period of separation. Be advised that most states also have residency requirements that apply when filing for dissolution.

Each state has its own guidelines for dividing debts and assets in a dissolution, but the rules are similar across 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 between the parties; rather, it means what the court deems fair for both parties. In the state of Indiana, the law requires a judge to presume 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 factors such as the parties’ contributions to the marriage, the length of the marriage, and each party’s needs after 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 Indianapolis, Indiana

Dissolution matters are heard in state court. As in other forms of civil litigation, parties may 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 involving contested dissolution, high assets, and other factors may have to go to trial.

Maintenance and Spousal Support in Indianapolis, IN

One of the most difficult issues in a dissolution matter is often maintenance and spousal support (formerly known as alimony). Some states utilize a formula to determine the amount of support. In other cases, it is left to the judge’s discretion. Even in cases where the court uses a formula, it’s still imperative to ensure the court follows 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 considers the parties’ ages and their ability to work. Finally, they take into consideration the misconduct of either party. The family law attorneys at Stange Law Firm, PC, 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 Indianapolis, Indiana

A prenuptial agreement is a contract that parties sign before marriage. Prenuptial agreements should include detailed descriptions of each partner’s significant property and debts. Depending on the nature and complexity of these assets, a prenuptial agreement can range from a few pages to hundreds. At Stange Law Firm, PC in Indiana, we draft each agreement to meet the exact needs of our clients. 

Certain matters cannot be included in a prenuptial agreement, such as child custody and child support. Otherwise, the parties can create an agreement that outlines matters such as separate property, the distribution of assets, and spousal support in the event of a dissolution of marriage. 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.

Parenting Time in Indianapolis, Indiana

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 the parents can establish a parenting plan, the court will usually follow it. However, if the parents cannot agree, the family lawyers at Stange Law Firm, PC 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 considering the rules of evidence applicable in the particular local jurisdiction.

Physical and Legal Custody in Indianapolis, Indiana

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

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

Financial Assistance and Support in Indianapolis, IN

Children have the right to support from both of their parents. The purpose of child support is to provide the child with the same financial resources as if their parents lived in the same household, although in most child support cases, 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 own 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, PC, work with their clients to ensure that child support is calculated fairly and accurately. If the other parent tries to hide income or is unemployed by choice, an experienced family attorney can help the client by presenting the full picture. A family attorney also reviews the court’s calculations to ensure no errors occur that could result in an unfair or inaccurate child support calculation.

Abuse and Neglect Proceedings in Indianapolis, 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 when the state may seek to terminate those rights.