With the stakes so high, you need a lawyer you can count on. Our Firm is dedicated to fighting for our clients to achieve the goals of their divorce that they want and deserve.
CHOOSING THE RIGHT DIVORCE LAWYER
You have come to an important decision: you want a divorce, or you are seriously considering a divorce. Or perhaps your spouse has made the decision to file, and now you are forced think about how you are going to protect yourself and your family.
Regardless of ultimately files the divorce, the decision to divorce not usually a spur of the moment decision. Perhaps when you wake up each morning, you say to yourself, "This marriage is not working. I need to start a brand-new life." Or possibly your spouse has made this crucial decision for you. One thing is true-we all want to be in love with our partner and stay married forever. However, does not happen in all marriages. In fact, nearly 50 percent of all marriages end in divorce. Nobody wants to be a statistic; nevertheless, when all avenues of reconciliation have been exhausted, sometimes divorce is the only option for you to have the happy life that you hope for and deserve.
Divorce can be stressful and painful for all people involved. It affects your soon to be spouse, your children and even your extended family. Consequently, the decision to file dissolution of marriage petition should not be made without serious thought and consideration of all relevant factors. The legal team at Rowdy G. Williams Law Firm has extensive experience in your divorce case and we are ready to provide the aggressive legal representation that your case deserves during this challenging time. We are ready and able to provide you sound legal advice to get you through this trying time. and we are ready to provide you the legal counsel you need during this challenging time. For over 20 years, our Firm has helped people just like you in protect themselves and children. We are ready to help you with issues that include:
- High Net Divorce
- Child Custody
- Child Visitation
- Child Support
- Allocation Of Assets And Debts
- College Expenses
- Spousal Support
DIVORCE PROCESS IN INDIANA
- Filing of the Divorce Petition - When you are prepared, you will begin the formal dissolution of marriage process by filing a Petition for Dissolution of Marriage and Summons with the Court. This document must be filed in your county of residence for the last 3 months. You must also have been a resident of the State of Indiana for a period six months.
- Obtaining Service of Process - When the divorce if filed, the other party must be served with the summons. This is usually done by certified mail.
- Discovery/Financial Disclosures - The parties will exchange information and documents that are relevant to the issues in the divorce. This can be done by agreement or through the formal discovery process.
- Temporary/Provisional Hearing - Either party can ask for a provisional hearing. At this hearing the judge will issue a temporary order regarding the parties’ rights and responsibilities during the pendency of the divorce.
- Negotiation/Mediation - The courts encourage and it is in both parties’ best interest to come to an amicable resolution to the case. This can be done through informal negotiations or formal mediation. Most cases are resolved with negotiation or mediation without the necessity of a trial.
- Cooling Off Period - There is a 60-day waiting period before a divorce can become final. After the 60-day waiting period has elapsed, the parties can file an agreement with the court or request a final hearing.
- Trial - If the parties are unable to come to an agreement, then the court will hear the evidence presented to the parties in open court to determine the contested issues. Litigation can be stressful and time consuming.
- Final Decree - Once the Decree of Dissolution is entered, this means that your is final. Both parties will be bound by the terms of the dissolution of marriage decree.
Our Firm is dedicated to providing compassionate, aggressive and experienced legal representation to all of our clients. We know the difficult path that you are about to take, but we can tell you that you will come out at the other end in a better place to achieve your goal of peace and happiness. It is our goal be your advocate to protect you, your children, and your future.
CHILD CUSTODY MODIFICATION
Fighting for custody is one of the most important conflicts you will engage in. Do not face this battle alone. Our trusted lawyers will stand with you and aggressively litigate your case.
There are numerous reasons why a parent may file a petition to modify a child custody order. Sometimes it is best for you to spend more time with your child to provide more stability or better parenting. There are other times when you are worried that the other parent is abusing the child or neglecting the child. In some situations, there is a significant change of circumstances where modification of custody is warranted.
In the state of Indiana, it is permissible to have a child custody order modified but only under certain circumstances. A court can only modify a child custody order if it is in the child’s best interests and there has been a substantial change in at least one of the following statutory factors found in Indiana Code 31-17-2-8:
- The child’s age;
- The wishes of the parents;
- he child’s wishes, which will carry more weight if the child is a least 14 years old;
- The relationship between the child and the parents, siblings, or another person who has a significant effect on the child’s best interests;
- The child’s adjustment to his or her community, school, or home;
- The physical and mental health of the parents and child;
- Any evidence of family violence or domestic abuse; and
- Any evidence that a de facto custodian has been caring for the child.
WINNING YOUR CASE
To control and win in litigation that involve issues concerning child custody, you will need an experienced attorney who can aggressively pursue your goals in a court of law. We have found that the children can be used as a weapon by an ex-spouse who does not truly have the children’s best interest at heart. Even an ex-spouse that is extremely misguided in what is truly in the best interest of the children take an unreasonable position. Frequently in contested child custody disputes the parties can come to an agreement. In the circumstances that parents will not agree on custody, the parties will participate in a contested hearing. At the contested hearing, the Judge will make a determination as to which parent should have legal custody and physical custody. Legal custody gives that parent the right to make decisions regarding the health, education, and welfare of the child. Physical custody refers to the parent with whom the child will live. In some cases joint physical custody arrangements can be in the child’s best interest. In those cases, the child’s time with each parent will be divided, in some cases equally.
To put yourself in the best position to win your case, you need a lawyer who is aggressive and will fight for you. If you are facing a tough custody dispute, call our Terre Haute Custody Lawyers today for a free consultation.
CHILD SUPPORT MODIFICATION
Call our experienced lawyers today to determine if your current child support order can be modified.
CHILD SUPPORT MODIFICATION
Your family law case has been done for a while and everyone has moved on. You may be wondering if the amount of child support that you are paying or receiving is correct. The laws of Indiana allow child support orders to be modified under certain circumstances. Child support can be modified upon the showing of (1) changed circumstances so substantial and continuing as to make the terms of the current order unreasonable; or (2) if a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and the order requested to be modified was issued at least twelve (12) months before the petition requesting modification was filed.
Making more or less money, new-born children or a change in overnight parenting time may all be a basis for a child support modification. After the filing of the Petition To Modify Child Support, the following are important considerations:
- What is the current gross incomes of the parties
- Whether there are any after-born children to either parent, and
- Whether there have been changes in health insurance, childcare expenses, or the number of overnights the non-custodial parent has with the child.
This information can be exchanged by the parties voluntarily or can be requested in formal discovery. Non-Parties can be sent a subpoena to obtain relevant payroll documents from the other party’s employer.
If you are considering modifying the current child support order the most important step is to retain an attorney who handles child support modifications on a routine basis. Our Firm regularly practices in this area. If you would like to meet to see if your support order can be modified call us today for a free consultation.
If you wish to modify your visitation order hire the experienced lawyers at Rowdy G. Williams Law Firm, P.C. to litigate your case.
A non-custodial parent is entitled to “reasonable parenting time rights,” formerly referred to as “visitation.” A parent’s parenting time may be lessened if the court finds that the non-custodial parent’s parenting time could be a danger to the child or otherwise is not in the child’s best interests. If you need legal representation modifying visitation or protecting the parenting time that you currently enjoy you can turn to the Rowdy G. Williams Law Firm to fight to protect your visitation rights and make sure that your voice is heard.
If a custodial parent insists on interfering with your parenting time, then the Judge admonish the party to comply with the court order. In certain circumstances, if a custodial parent continues to violate a court order, the court may find the custodial parent in contempt, award makeup time, or order a short jail sentence.
On August 26, 2013, the Indiana Supreme Court released most current version of the Indiana Parenting Time Guidelines. The Indiana Parenting Time Guidelines apply to all child custody cases unless the court orders otherwise and represents the minimum time a non-custodial parent should spend with a child when the parents are unable to reach their own agreement.
The court may modify an existing visitation order when the court finds that said modification would serve the best interests of the child. However, the court will not restrict a parent's parenting time rights unless the court finds that the parenting time might endanger the child's physical health or significantly impair the child's emotional development.
Adoptions are one of the most rewarding areas of our practice. Let us help you make your family complete.
TERRE HAUTE ADOPTION LAWYER
If you are a stepparent, you may consider you stepchild one of your own. You may have raised the child as your own, but in order legally be that child’s parent, you would need to legally that child.
Stepparent adoptions are one of the most rewarding areas of our practice. Most adoptions are done with the written consent of both natural parents.
However, the other natural parent can object and this joyous time can become quite stressful and contentious. Our Firm has skilled Lawyers who practice in the area of stepparent adoption and are dedicated protecting the child’s best interests.
If a biological parent is contesting the adoption, I will argue to the court why you would be in a better position to raise the child.
According to Indiana Law, the other biological parent’s consent may not be required in the event of:
- Parental abandonment for at least six (6) months;
- No support for at least one (1) year or failure to make support payments
- No communication for at least one (1) year; and/or
- Parental unfitness to care for the child
In all other cases, the consent of the other biological parent may be required. If you are interested in adopting your stepchild or are considering or having your new spouse adopt your child you want to make sure the case is handled correctly by an experienced adoption lawyer. Call us today for a free consultation.