What to Expect in a Johnson County, Indiana Divorce, Child Custody, or Child Support Case
I frequently represent clients in Johnson County, Indiana who are involved in Family Law Cases and I would like to share with you some information about what to expect in a Johnson County Divorce, Child Custody, or Child Support Case.
Can I File For Divorce, Child Custody, or Child Support in Johnson County?
If you have lived in Indiana for at least 6 months and in Johnson County for at least 3 months, you can file a suit for divorce, child custody, or child support in the county. This includes you if you live in Bargersville, Edinburgh, Franklin, Greenwood, New Whiteland, Princess Lakes, Trafalgar and Whiteland, all of which are part of Johnson County. All suits must be filed with the Johnson County Clerk at the Johnson County Courthouse in Franklin, Indiana, which is the county seat.
What Happens After I File?
After a family law case is filed with the Clerk, the Clerk will randomly assign the case to the Circuit Court or one of the Superior Courts. After the court is assigned, you (or the other person) can request one change of judge if the request is properly filed before the deadline.
Will There Be a Court Hearing, Trial, or Mediation?
The court can set a court hearing or trial at the request of either side. At the court hearing or trial, each party will have the opportunity to call witnesses, present documents, and discuss what decision they would like the court to make. The court hearings and trials in Johnson County are very formal and use the Indiana Rules of Evidence, such as the hearsay rule, that restrict what can be said and what evidence can be used in court. It is recommended to use an attorney in the Johnson County Courts, because attorneys are trained on how to use these technical rules to introduce or exclude witnesses and evidence.
Often the Johnson County Courts will order the parties to mediate family law matters out of court. In mediation, you and the opposing party meet at an office with a mediator who will listen to both sides and try to negotiate an out of court settlement. If you do not have enough income to pay the full price for mediation, you may ask the judge to refer you to the Johnson County Alternative Dispute Resolution Project which charges a reduced price based on a sliding scale. Mediation in Johnson County is less formal than trial because the Indiana Rules of Evidence do not apply at mediation. Each side can speak freely and ask the mediator to consider testimony and evidence that may not be allowed in court.
If you are in need of affordable representation by a family law attorney who is experienced in the ways of the Johnson County Courts, call James Lieb at 317-786-5008 for a free initial phone conference. James lives just south of Indianapolis in Bargersville, which is part of Johnson County Indiana, has a law office on the south side of Indianapolis, and represents clients in and around Indianapolis and Johnson County.
This post is designed for general information only, and does not constitute legal advice nor the formation of an attorney-client relationship.