Q. Tell us about yourself and your practice.
A.
I'm with the law firm of Ruppert & Schaefer, P.C and we're located on the north side of Indianapolis. We practice exclusively in the field of Family Law and we can be reached at (317) 580-9295. Some of my credentials are as follows:
Bar Admissions:
Indiana, 1979, Colorado, 1987, U.S. District Court Northern District of Indiana, 1980, U.S. District Court Southern District of Indiana, 1979, U.S. District Court District of Colorado, 1988, U.S. Court of Appeals 10th Circuit, 1992, U.S. Court of Appeals 7th Circuit, 1983.
Education:
St. Mary's University School of Law, San Antonio, Texas, J.D.
Honors: With Distinction
Honors: John M. Harlan Legal Honor Society
Honors: Dean's List
Purdue University, Lafayette, Indiana, 1973, B.A.
Major: Political Science
Classes/Seminars Taught:
Social Security Disability Practice for the Paralegal, IPE, Division of National Business Institute, Inc., 1995
Honors and Awards:
American Jurisprudence Award, Achievement in the Study of Trusts, 1978 - 1979
Certificate of Recognition from the Hamilton County Bar for service as a Volunteer Judge for the 9th Annual Hamilton County Mock Trial Competition,2009.
Certificate of Appreciation Award by Pueblo County Bar Association for Dedication and Unselfish Work on behalf of the Legal Profession, 1998 - 1999
Professional Associations and Memberships:
American Bar Association
Indiana State Bar Association
Indianapolis Bar Association
Executive Committee of the Hamilton County Bar Association's Family Law Section
Q. Do you offer a free initial consultation?
A. No, but I do take telephone calls from people who call the firm and want to talk to a lawyer first, before deciding whether to set a consultation.
Q. How long do you take to process a divorce?
A. A party must wait a minimum of 60 days after filing before a divorce can be finalized. The facts and circumstances of each individual case generally dictate the length of time that it will take to finalize a divorce. For example, cases that involve substantial property or have contested custody issues generally take much longer.
Q. Will you accompany a party to court yourself or send a representative?
A. I accompany my client to court myself.
Q. What are the procedures to follow in filing for a divorce?
A. The dissolution of marriage in Indiana is initiated by the filing of a Verified Petition for Dissolution of Marriage in the county in which the parties reside or the petitioner resides, assuming they have acquired jurisdiction in that county. A party must reside in Indiana for 6 months and in the county for 3 months before filing the petition.
Q. What are the elements that can influence custody?
A. The court determines custody in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court considers all relevant factors including the following:
1. The age and sex of the child.
2. The wishes of the child’s parent or parents.
3. The wishes of the child, with more consideration given to the child’s wishes, if the child is at least 14 years of age.
4. The interaction and interrelationship of the child with:
(A) The child’s parent or parents
(B) The child’s siblings
(C) Any other person who may significantly affect the child’s best interest
5. The child’s adjustment to the child’s
(A) Home
(B) School and
(C) Community
6. The mental and physical health of all the individuals involved.
Q. Who pays alimony and why?
A. Indiana does not provide for alimony. In limited circumstances Indiana does provide for spousal maintenance. These circumstances include temporary maintenance while the divorce proceeding is pending; rehabilitative maintenance for up to 3 years; permanent spousal maintenance for a spouse who is disabled and unable to work at the time the dissolution of marriage is granted by the court.
Q. How can a lawyer help in the process?
A. While a person is entitled to represent themselves, they are still obligated to follow the proper court procedure. Quite often the person who represents themselves will find themselves frequently running foul of the rules of trial procedure, rules of evidence, etc. which ends up harming their case. An experienced and knowledgeable lawyer will be able to guide the party through these potential minefields.
Q. What can one do to speed up the process?
A. The biggest delay, in my opinion, is when clients fail to promptly respond to their lawyer’s request for production of documents and information. |
