Frequently Asked Questions

The world of “legalese” can be confusing and hard to navigate. While each situation is unique, here are some general informational responses to common questions people may have regarding legal situations. These responses should not be construed as actual legal advice, nor would they constitute any type of an attorney – client relationship. Your specific situation should be discussed on an individual basis with either our or any other qualified attorney.

What are my rights if I get arrested?

You have the right to remain silent. If you talk to the police in an effort to “straighten things out” or to “tell your side”, that statement could turn into evidence against you. You have a right to an attorney who is best able to evaluate other rights reserved to you by the Constitution, including the right against unreasonable searches and seizures.

My spouse just filed for divorce. What should I do?

A divorce action may cause many different emotions. Understanding your rights in this matter can be an important first step. While you do not need an attorney to either file or respond to a divorce action, consulting an attorney with experience in family law may help you to discern what options are best for your personal situation.

What does a no fault divorce mean?

No Fault Divorce has been the law in Indiana since 1971. It means that a petitioner does not have to allege misconduct or fault against their spouse in order to get a divorce. Generally, a Petition to Dissolve a Marriage only states that the marriage is irretrievably broken without details as to why.

I have lost my divorce decree and need a copy of the agreement. Where can I get another one?

You should first contact your attorney to see if your file is still available. Indiana attorneys are only obligated to keep files stored for a certain number of years. If your attorney does not have a copy, you may contact the Clerk’s Office in the county where your divorce was filed. If your divorce was filed in Howard County, you may get a copy of your divorce decree order for a small fee.

My ex-spouse is not paying child support. What are my options?

There are several options available from negotiation to mediation to filing a citation for contempt of court. We would calculate how far behind your ex-spouse is on their payments, look into the history of the problem and consider whether it is time for support to be raised as well.

What are the Indiana Parenting Guidelines and how will it affect my visitation?

“The Indiana Parenting Time Guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful and continuing contact with each parent. It is assumed that both parents nurture their child in important ways, significant to the development and well being of the child. The Guidelines also acknowledge that scheduling parenting time is more difficult when separate households are involved and requires persistent effort and communication between parents to promote the best interest of the children involved. The purpose of these guidelines is to provide a model which may be adjusted depending upon the unique needs and circumstances of each family. These guidelines are based upon the developmental stages of children. The members of the Domestic Relations Committee of the Judicial Conference of Indiana developed the guidelines after reviewing the current and relevant literature concerning visitation, the visitation guidelines of other geographic areas, and the input of child development experts and family law practitioners. Committee members also relied upon data from surveys of judges, attorneys, and mental health professionals who work with children, reviews of court files, and a public hearing.

A child whose parents live apart has special needs related to the parent-child relationship. A child’s needs and ability to cope with the parent’s situation change as the child matures. Parents should consider these needs as they negotiate parenting time. They should be flexible and create a parenting time agreement which addresses the unique needs of the child and their circumstances. The Indiana Parenting Time Guidelines are designed to assist parents and courts in the development of plans and represent the minimum time a parent should have to maintain frequent, meaningful, and continuing contact with a child.”

Excerpt from the preamble of the Indiana Parenting Time Guidelines