Questions Answered by JR Emerson - Justia Legal Answers

• 14 February 2013Q: Can my room mate have a gun in the house when I have a domestic violence record? I am now divorced from my spouse
  A: The question is not whether your roommate can have a gun in the house, the question is can you be in a house with a gun located on the premises? You will need to look at your DV Order and see if you are Brady disqualified or not and/or for how long.
• 14 February 2013Q: Non-custodial parent was allowed to put child on taxes. Can I ask for proof that refund is put in savings for child?
  A: Like most legal answers it depends. If the Order did not specify that you be given proof then he/she is under no obligation to provide you with any such proof. Furthermore, if the judge did not Order the refund to be deposited into a saving account, then it is unlikely that such a deposit must be made. However, if the court did Order any refund to be deposited and those funds were NOT deposited, and the non-custodial parent refuses to make the deposit, then only the court can force compliance.
• 23 January 2013Q: I have a warrant fta probation misdameanor i completed 28 days treatment and 3 month recovery home i dont want jail
  A: You may not have to serve any jail time, but it all depends upon the circumstances of your case and the Judge. However, you need to speak with an attorney about the specifics of your case so that together you can determine the best path forward. Congratulations on your recovery.
• 23 January 2013Q: What should I do if my ex did not complying with prior court order?
  A: If he is not complying with a Court Order that is obviously not a good thing. In order to enforce or make him comply the court will need to be made aware of his failure. Ultimately a Judge may find him in contempt of court. Typically contempt arises when one party fails or refuses to comply with the terms of a court-approved agreement between the parties or a court order. To be found in contempt the court must find that the person willfully disobeyed the order in question. Speak with the attorney that represented you in this matter. If you represented yourself, then find an attorney who can help you with this matter.
• 23 January 2013Q: Divorce decree in place with alimony. Ex & I have came to a single payment does this need to go back before a judge?
  A: If the Judge issued an Order, and you and your wife have worked out some other arrangement, then the Judge's Order should be changed to reflect your new arrangement . If you fail to follow a Judicial Order you may find yourself facing contempt charges. Speak to an attorney to amend the order.
• 14 January 2013Q: My gf and I are not married but we lived together for 4 years with our 3 year old, we split up, what are my rights?
  A: You have legal rights regarding your daughter. You need to speak with a family law attorney concerning Child Custody, Child Visitation, as well as Child Support as soon as possible in order to reach an agreement with her or to seek a Court Order defining your rights and responsibilities. The facts of each case make unique, however, you do have rights under Indiana law but you may need a court order to enforce those rights.
• 14 January 2013Q: My husband filed for a divorce but wants me to leave the house and wont leave himself! i dont work and have kids
  A: As a married couple you both have a right to the marital home. Additionally, you both also share in all assets and liabilities. Without a court order you are both equally entitled to reside in the home. You need to speak with a family law attorney as soon as possible. Good luck.
• 14 January 2013Q: Need to know what I have to do to establish residency in Indiana to file for divorce?
  A: At the time of the filing of a petition for dissolution, at least one of the parties must have been a resident of Indiana for at least six months immediately preceding the filing of the petition with the court. Furthermore, in order to have preferred venue (to get the case before the right court either party must reside within that county for at least three months prior to filing. So to answer your question, you and/or your soon-to-be ex-spouse will need to have a place that you make your home and live there for at least six months prior to filing for divorce in Indiana.
• 3 January 2013Q: I am wanting a divorce from my husand we have 2 kid he doesn't want to sign can we divorce with my signature?
  A: You can divorce without your spouse's consent. It may take a bit longer, but if one spouse wants to divorce that is all that is needed. If your home is owned by you and your spouse then he has a legal right to live in the house, just as you do. Unless or until there is a court order (or some other legal justification) forcing him from the house, he has a right to be there. Speak to a family law attorney about both processes.