FAMILY LAW


ADOPTION


Adoption is the legal process by which a parent/child relationship can be established that did not exist at the time of child’s birth. The decision to adopt is a life-changing one, for all those concerned. Both the identity of the child and the structure of the family are altered. Courts evaluate the adoptive home for its suitability and compatibility with the child. Peterson & Waggoner has experience seeing clients through this important and fulfilling step.

DISSOLUTION OF MARRIAGE


A dissolution of marriage (divorce) in Indiana often involves several related issues: custody, visitation, child support, and division of property. Couples seeking a divorce may have already discussed how property would be divided between them, but may have no idea how to arrange visitation that is appropriate for the children. They may not understand or disagree about the appropriate level of support. Whatever the disagreement, an attorney can assist you in determining what factors are appropriate to consider in the outcome of a dissolution.

Two points are critical to a basic understanding of dissolutions in Indiana. First, Indiana, like all states, allows for "no fault" divorces. This means that one need not prove infidelity, cruelty, abandonment, or any of the other wrongdoings once required to obtain a divorce. Second, Indiana is a "one pot" state with regard to marital property. This means that all property acquired during the marriage, regardless of how it is titled, is subject to the dissolution action and the orders of the court.

Our attorneys have experience in dissolution. From the friendliest to the most bitter, we work to preserve the dignity and assets most important to our client.

PRE-MARITAL AGREEMENTS


Pre-marital Agreements, often called Pre-Nuptial Agreements or Ante-Nuptial Agreements are legally recognized in Indiana. These are used to preserve and protect property of one or both spouses if the marriage ends by death or divorce. The agreements may also establish the amount of property one spouse receives in the event the other spouse dies first, often protecting children from a prior marriage.

Pre-marital Agreements are commonly used in second marriages with previous children, and when a disparity exists between the wealth of the parties at the time of the marriage.

The attorneys at Peterson & Waggoner, LLP can discuss your need for premarital planning.

ADULT AND CHILDREN’S GUARDIANSHIPS


A guardian is a court-appointed person placed in charge of the care and well-being of a person determined to be in need of legal assistance, and who no longer can take care of their own needs. Adult Guardianships and Child Guardianships are two different proceedings.

A guardian in a Child's Guardianship is appointed to take control over and provide protection for a child and the child's assets. To be a legal guardian of a child is to have a special duty to look out for the child’s interests. Guardianships may be used when a parent cannot care for the child, but the parties involved believe that the child’s relationship to the parent need not be severed. Guardians are typically given the authority to make child-rearing decisions, such as those concerning education and medical issues.

An adult's guardian is appointed to preserve and protect the interests of adults. These interests may be medical or financial concerns. To establish a guardianship over an adult, the court first must determine the need of the adult for protection, and then determine if the person nominated to serve is an appropriate person, under the standards established by state law.

The duty either type of guardian accepts by their appointment includes a responsibility to regularly report activities to the court, and those close to the protected person (once called the "ward"). The guardian also agrees to act only in the protected person's best interest, and not in the guardian's best interests when those interests differ.

The role of a guardian can be complex, based on the decisions that are needed for the best interests of the protected person, and regular discussion of the duties with your attorney is encouraged.

ADULT GUARDIANSHIP