Uncontested Divorce in Indiana
In a simple uncontested divorce one party retains an attorney to draft all of the documents. Prior to having the attorney draft the documents both spouses agree to the terms of the divorce including, among other things, property division, child custody and child support. It is important to note that JR does NOT represent both parties. JR only represents the party who has retained his services. It is advisable that both parties seek representation to ensure his or her rights are being enforced.
In Indiana an uncontested divorce is a cost effective way to work through the divorce process, however, you and your spouse must work together and negotiate the terms of the divorce. If there are minor children involved, both spouses will likely have to attend a parenting class. The divorce is usually final within 2 to 3 months from the filing of the Petition for Dissolution of Marriage.
Indianapolis Uncontested Divorce Lawyer
JR Emerson, an Indianapolis uncontested divorce attorney, offers dependable divorce and family law advice to clients throughout Central Indiana, including Zionsville, Lebanon, Carmel, Fishers, and Westfield, at flat fees for the uncontested divorce services listed below.
I won’t charge you extra for case status updates, phone calls, small changes in paperwork, or travel arrangements.
Emerson Law LLC is expanding its practice to major cities in Central Indiana for agreed divorce cases. Below is the list of agreed family law areas available:
- Agreed Divorce
- Agreed Motion to Modify
- Agreed Child Name Change
- Adult Name Change
Types of Divorce in Indiana
Divorce is a large part our business. In Indiana, there is:
- Uncontested Divorce,
- Contested Divorce, and
- Divorce by Publication
We Can Help!
We handle all three types of divorce and for your convenience, all of them can be accomplished by E-Mail, Fax, Regular Mail, or by a conventional office visit.
However, flat fee cases are only offered for uncontested matters.
In Indiana an Uncontested Divorce tends to be the quickest, least expensive, and least complicated way to divorce. Call to speak with an Indianapolis uncontested divorce attorney today.
To qualify, both spouses must meet all five of the following requirements:
- Agree to be divorced
- Reach an agreement on all issues
- Utilize only one attorney (Representing one party)
- Voluntarily sign all papers without service on any party
- Assets valued less than $250,000
Do Not Use This Process if:
- You and your spouse disagree about any issue in your divorce
- You or your spouse wants to file specific grounds for divorce, such as cruelty or adultery
- You or your spouse has an ongoing bankruptcy case
- The wife is pregnant, even if the husband is not the father
3rd Party Considerations:
- Wife has had a child by another man since the date of marriage
- This case requires that bio-dad is included in the suit
- An additional fee is required for intervening the 3rd party into the suit
- 3rd party must sign a waiver of service
Simply put, a Contested Divorce situation exists when one or more of the five requirements listed above are absent. Divorce by Publication is available to those individuals seeking divorce with no knowledge of their spouse's whereabouts.
To get started, please give me, an Indianapolis flat fee divorce attorney, a call to schedule an appointment.
Within 7-10 business days from the date your paperwork is received, we will prepare your petition for divorce and waiver of service. After receipt of your waiver of service, a draft of your divorce decree will be prepared for your review and we will contact you to schedule a date to finalize your divorce case with the Court.
After your divorce is final, certified copies of your Divorce Decree can be obtained from the clerk's office in the county where your divorce occurred. If you want us to order the certified copies for you, there is an additional charge of $185.00 and only available in Marion, Boone, Hendricks and Hamilton County.
Call today, speak with an Indianapolis flat fee divorce attorney 317-969-8000
Divorce - Frequently Asked Questions
What is a divorce?
A divorce is the legal dissolution of marriage by a court which cancels the legal duties and responsibilities of the marriage. Quite simply, a divorce separates those legal duties and responsibilities and ends the marital union.
What is an uncontested divorce?
An uncontested divorce is the simplest, cheapest, and fastest type of divorce. Basically, in order to get an uncontested divorce you and your spouse need to:
- Agree to divorce and agree to reach an agreement for the division of property and debts,
- If children are involved, agree to custody and a visitation schedule as set out in the Indiana Parenting Guidelines. However, as long as you and your spouse can agree, you can set your own visitation schedule,
- And finally, agree to child support amounts
How quickly can I get divorced/remarried?
In Indiana, each divorce must follow a timeline. First I will file your Petition for Divorce with the court. Indiana law requires that we then wait at least 60 days. During this time you and your spouse will work to come to an agreement regarding the division of property, debt, visitation, and child support. After the 60 day waiting period (which may be longer depending upon the court's schedule), we will go to court to present a Final Decree to a Judge.
Can I change my name in the divorce?
Yes. This is extremely common. However, it should be part of the initial Petition for Divorce.
What is child support?
Child Support is money paid by the non-custodial parent to the custodial parent for the maintenance of the child. It is vital to deal with child support any any divorce proceeding involving children.
How much child support will I have to pay?
Generally, you’re required to pay a percentage of your net income and of course depends upon numerous issues. See the Indiana Supreme Court Child Support Calculator for an approximate child support payment.
Do you make house calls?
YES. If you are not able to come to my office, or are just more comfortable conducting business at home, I am able to visit you instead. I will bring with me all the equipment necessary to complete your paperwork and file your documents with the court the next business day.
Do you take credit cards?
Yes. We gladly accept Discover, Visa, Mastercard, and American Express.
How can I contact you?
If you would like my services, feel free to call 317-969-8000 anytime. Our phones are answered 24 hours each day. Call to speak with one of our divorce attorneys today.
For many parents, child custody and parenting time problems create a great amount of unease. Basically in Indiana courts will resolve any dispute about child custody and parenting time according to the best interests of the children involved.
Child support comes with rights and responsibilities. Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines.
Indiana law creates a presumption that each party to a marriage is entitled to 50% of the marital property. This presumption can vary, but in most cases, each party is awarded 50% of the marital property and 50% of the marital debt.
Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.
- JR Emerson, Attorney
I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.
- Jill Bracken-Emerson, Attorney
Schedule a Consultation Now!
If you need help we are happy to talk to you at no charge. Give us a call or click the button to make an appointment.
Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.
3091 E. 98th Street, Suite 180
Indianapolis, IN 46280
Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters. Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County. Please contact our office to learn how we can help.
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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.