Family Law

Divorce

Divorce is an incredible tragedy that is now affecting almost one out of every two marriages.  The impact is emotional, psychological, financial, and relational for parents and the children.  As an office of Christian attorneys, we understand the biblical importance of marriage and work with clients, to the extent possible, to maintain marriages.  We also have the wisdom to know that, at times, for the parties involved, divorce is the only solution.  A considerable portion of the practice of this firm is in the area of family law.  We are constantly contacted by those whose marriages are falling apart, and we provide quality representation for those clients throughout the process.  We do so in such a way as to be fair under the terms of the law, and courteous to all concerned.  Children generally suffer the most, and, although we represent one of the parents, we attempt to get all parties to focus on the children and what is in their best interests. We believe that, in one of the darkest and most difficult times in anyone’s life, we are here to help you through the process in the most effective and caring way.

Legal Separation

Legal separation under Indiana Law is simply one step lower than Dissolution (Divorce).  When one files for a Legal Separation, he/she is telling the court that he/she can no longer live together (right now) as husband and wife, but he/she is not quite ready to dissolve the marriage.  The parties simply need some time apart.  The process, however, is almost identical; for the court ultimately issues an order assigning custody, parenting time support, and division of assets and debts. The Decree of Separation is considered good for a year and can be renewed for one or two successive years, but eventually one party or the other files a dissolution action or the parties reconcile.  This firm stands ready to assist in all aspects of the Dissolution or Legal Separation process.

Paternity

When a child is born out of wedlock, it is extremely important that paternity be established.  It is only by an order of paternity that issues like child support and parenting time for the non-custodial parent are resolved.  Even if a paternity affidavit is signed at the time of the child birth, the paternity action and subsequent order of the court is necessary to establish each parent’s rights. Each year this office participates in numerous paternity cases representing, as requested, either the mother or the father of the child.  If you have an issue related to paternity, we are ready to assist you.

Child Custody

Indiana law states that there is no preference with respect to awarding custody of a child to either the mother or the father.  The legal test is simply what is in the child’s best interests. Jensen & Associates has assisted clients either in defending against a change of custody or those seeking a change of custody.  Custody battles do not always take place at the time of the dissolution or the legal separation.  Often times the real custody battle takes place years later as the children express an interest in a change of custody.  Additionally, family circumstances, including, but not limited to, health, employment, relocation or a host of other issues require that the issue of custody be revisited.  If a change of custody is your goal, and we concur with you that it is in your child’s best interest, we stand ready to help you in any way possible.

Child Support

Often times when an original order for support is issued, the parties involved never go back to court to change that order.  A great deal of the time never returning to court can work to the child’s disadvantage. Child support issues are not just limited to weekly support payments, but include medical insurance and expenses; are influenced by the number of overnights the non custodial parent is allowed each year; are impacted by increases or decreases in salary including bonuses: and can be modified when there is a change of circumstances.  Support in Indiana goes until the age of 21 unless the child is emancipated earlier.  Indiana has published rules and guidelines  that can be found at any court or online at http://www.in.gov/judiciary/rules/child_support/ . Jensen & Associates is often in court advocating for a change (up or down depending on the circumstances) in child support for our clients. Child support for post secondary education can go beyond the age of 21 provided that a petition for the same is filed prior to the child’s 21^st birthday.

Parenting Time

The simple definition of parenting time is the time allowed to the non-custodial parent with the parties’ children.  Again, Indiana has guidelines that can be found online at http://www.in.gov/judiciary/rules/parenting/index.html .  This firm is often involved in court cases where one parent or the other is seeking to either increase or somehow limit the parenting time originally allotted by the court.  Again, the test is basically two fold:  what is in the child’s best interest and what change has occurred since the last order of the court related to Parenting time.  If you have questions in this area, we would encourage you to call.

Emancipation

Emancipation refers to the child coming of age, i.e. a time when support for the child stops.  By law, a child is emancipated at age 21 unless there are specific health or disability issues.  There are other statutory factors such as marriage or entrance into the armed forces that serve to emancipate a child.  What some people do not understand is that it will usually take an order of emancipation to stop a support garnishment or automatic deposit order issued previously.  A child can also be emancipated if he/she is at least 18 years of age and has not been in school for the last four months.  If you have questions about the emancipation of a child, please give us a call.

Spousal Maintenance

This is an issue that comes into play during a dissolution or legal separation.  Although it is often ordered on a preliminary basis, it can be far more difficult to obtain in a final order.  The Indiana Statutes provide certain sets of circumstances where such maintenance would be considered appropriate.  If someone falls into any of those circumstances, usually he/she must convince a court that it is applicable in his/her circumstances.  Additionally, the amount of such maintenance and its duration are also considerations for the court.  Spousal maintenance must be ordered in the final order of the dissolution decree or the decree of separation.  If you need assistance with respect to this issue, please do not hesitate to contact this office.

Protective Orders

Mediation