FAMILY LAW

"Family Law" is a broad term encompassing many different types of cases concerning domestic relations and/or the family. Included in this area of law are divorce, child custody, child support, rules to show cause (contempt), adoption and paternity, among others. The attorneys at Effner Law Firm can handle these types of cases for you and help you through what can be a very difficult and stressful time.

The following contains general information about certain Family Law issues. It is certainly not all-inclusive in regard to the area of Family Law. Please remember, each person's situation is different, and effective legal advice must be specifically tailored to each individual after careful consideration of the facts pertaining to that person. If you have questions regarding a Family Law issue or are seeking to hire an attorney, please call us. If you decide to retain our services, an attorney will meet with you, face-to-face, and talk about your particular situation. Our telephone number is (812) 238-4000.

DISSOLUTION OF MARRIAGE

Divorce, called "Dissolution of Marriage" in Indiana, is the process by which a marriage is terminated and the parties (husband and wife) are restored to the state of unmarried persons. The process is officially begun by filing a Petition For Dissolution Of Marriage with the County Clerk's Office and paying a filing fee to the Clerk. Only one party need file the petition and pay the filing fee. If you are interested in a divorce, or if your Spouse has filed for a divorce, please contact Effner Law Firm, and one of our attorneys will quote an attorney fee and set up an appointment to discuss your particular situation with you.

At the initial appointment, we will obtain information from you, decide what investigation must occur, if any, and advise you as to what you can expect to happen concerning the dissolution process. We are often able to file your Petition For Dissolution Of Marriage on the same day as your initial appointment, if you so desire.

Once the Petition For Dissolution Of Marriage is filed, either party may request that a Restraining Order be entered to preserve the assets of the marriage while the dissolution is pending. If necessary, the Restraining Order may also prohibit either party from abusing, harassing, or disturbing the peace of the other party. Restraining Orders may also deal with other issues, and if one is requested, the Court will set the matter for a hearing.

A Preliminary Hearing may also be requested after the Petition For Dissolution Of Marriage is filed. The purpose of the Preliminary Hearing is to decide what is to happen regarding assets, debts, child custody, child support and other issues of concern while the dissolution is pending and before it is final. In Indiana, the law requires that a dissolution of marriage action remain open at least sixty (60) days after the Petition For Dissolution Of Marriage is filed. We use that State-mandated minimum sixty (60) day time period to collect information regarding real estate, personal property, retirement accounts, other assets, debts and your spouse.

In Indiana, the law requires a fair and equitable division of assets and debts. After investigation and discussion with you, we will seek a settlement with your spouse and/or his/her attorney. If we are not able to reach an agreement which is reasonable and acceptable to you, we will proceed to a trial in front of the Judge. This trial is called a Final Hearing.

CHILDREN & DISSOLUTION OF MARRIAGE

The Vigo County Circuit Court and the Vigo County Superior Courts require both parties in a Dissolution Of Marriage in which minor children are involved to attend a workshop entitled "Transparenting (a seminar for divorcing parents)". This must be done prior to the Final Hearing. Further information on this workshop can be obtained from:

      Family Service Association
      619 Cherry Street
      Terre Haute, Indiana 47807
      (812) 232-4349.

If you intend to file a Dissolution Of Marriage action in another county, please be aware that your attendance at such a workshop may be required.

CHILD CUSTODY

If an agreement cannot be reached regarding child custody, the Court, after a hearing, will determine custody in accordance with the best interests of the child(ren). In making such a determination, the Court will consider many factors. It may be necessary to seek home studies and obtain professional opinions. Of course, we will help guide you through this process.

A parent not granted custody of a child is entitled to reasonable visitation rights unless the Court finds, after a hearing, that visitation by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development. Visitation typically is to take place according to the Indiana Parenting Time Guidelines established by the Indiana Supreme Court.

CHILD SUPPORT

Child support payments are typically calculated according to a State Guideline which takes into account the income of both parents, among other things.

RULE TO SHOW CAUSE

A Rule To Show Cause is a process used to enforce a prior Order of the Court. It requests the Court to set a hearing and compel the non-compliant party to explain why he/she is not following the Court's Order. This procedure usually involves the failure to pay child support payments.

PATERNITY

A Paternity Action is a Court action instituted to determine whether a person is the father of a child born out of wedlock. Issues such as child support, child custody, and visitation are typically addressed. If paternity is disputed, a DNA analysis may be required.