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Family Law FAQs

Family Law

Whether opposite-sex or same-sex, unmarried partners face many legal considerations that married couples do not. Some of these considerations may be as simple as visiting a partner in the hospital or as complicated as dividing property if the partners separates. While Indiana law does not automatically grant the same legal powers to unmarried partners as it does to married couples, there are certain legal steps unmarried partners can take to ensure many of these rights between partners.

Our attorneys are available to discuss with clients the legal steps they can take to prepare for many of the legal issues unmarried partners may have to deal with.

Unmarried Partners

Stephen Griebel has been practicing law since 1990. He is a graduate of Indiana University, Bloomington and University of Michigan School of Law. Steve is also a member of the Allen County Bar Association Family Law Section.

Michael Setlak has been practicing law since 2002. He is a graduate of Purdue University, Fort Wayne and Indiana University School of Law, Indianapolis. Mike is also a member of the Allen County Bar Association Family Law Section.

Andrew Simmons has been practicing law since 2007. He is a graduate of Manchester College and Washington University School of Law.

If you have a question about a family law matter, please call our offices and ask for Steve, Mike, Andrew or their assistant, Jessica.

Attorneys

FAQ's

  1. Will my spouse/other party have to pay my attorney fees?

Answer:

The general rule is that each party is responsible for their own attorney fees. However, in many family law cases, under certain circumstances, a judge may order the other party to pay some or all of your reasonable attorney fees.

  1. Can I move/relocate with my children? How far can I move?

Answer:

As of July of 2006, any party with a parenting time or custodial interest, must notify the opposing party in writing through the court 90 days prior to any move. (This is true even if the move is right across the street.)

  1. Can I make my husband/wife move out of our residence?

Answer:

Generally, not without a court order for temporary possession of the home. If domestic violence is involved, then you can obtain a protective order and the person would have to leave the residence.

  1. How can I obtain a Protective Order/Restraining Order against my significant other?

Answer:

If there is domestic violence, stalking, or sexual abuse, you can petition the court for a Protective Order at 213 W. Berry St. (Courthouse Annex). Under certain circumstances, the court may grant the Order immediately.

  1. How much child support will I have to pay? Or how much will I receive?

Answer:

Child support is determined primarily based upon the parties' incomes, amounts paid for health insurance, day care costs, and the number of overnights the non-custodial parent will have the child(ren) in their care.

Accessing the information on this website does not create an attorney-client relationship.

The materials and information on this web site are made available by Van Gilder & Trzynka, P.C. for informational purposes only and should not be considered legal advice. The transmission and receipt of information on the web site do not form or constitute an attorney-client relationship. This includes, but is not limited to, using the link on this web site to solicit information from Van Gilder & Trzynka, P.C. Persons accessing the information on this web site should not act upon the information provided without seeking profession legal counsel.

Practice Areas
Who We Serve

Van Gilder & Trzynka, with offices in Fort Wayne, New Haven and Churubusco, serves clients in Allen County, Whitley County, DeKalb County, Adams County, Wells County, Noble County, Huntington County, Steuben County and LaGrange County which includes Huntington, Bluffton, Auburn, Angola, Columbia City, Kendallville, Albion, Huntertown, Woodburn, Ossian, Butler and Ligonier, Indiana (IN).