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Frequently Asked Questions

Why should I retain Don Francis to be my divorce attorney?
Donald W. Francis, Jr. is a Certified Family Law Specialist. This means that the Indiana Bar Association has certified that he meets their strict standards for certification that apply to family law practitioners. Only a small minority of attorneys who handle divorces have this certification. Unlike many divorce lawyers, Don Francis will not try to promote an adversarial divorce between you and your spouse if that is not what you want... if the two of you are able to come to an agreement he will work with you to step through the necessary paperwork to get your divorce behind you. Especially for uncontested cases, his fees are among the most competitive in the area.

Is there a residency requirement to file for divorce?
In Indiana, at the time of the filing for a divorce, at least one of the parties must have been: (1) a resident of Indiana; or (2) stationed at a United States military installation within Indiana; for six (6) months immediately preceding the filing of the divorce. Furthmore, at the time of the filing for a divorce, at least one (1) of the parties must have been: (1) a resident of the county; or (2) stationed at a United States military installation within the county; where the divorce is filed for three (3) months immediately preceding the filing for the divorce. The same requirements apply for filing for a Legal Separation. Note that the requirement applies to either party in the marriage, not necessarily the one who is actually initiating the divorce. Hence, an out-state-resident could file for divorce in the home county of the other spouse, if that spouse meets the 6- and 3-month residency requirements.

How long do we have to live apart before a divorce can be granted?
Indiana does not impose any such requirement; legally speaking, you can divorce a spouse you are still living with (though this is usually not a good idea).

I need to attend a seminar, "Children Cope With Divorce". Who do I contact?
This seminar is required for all filers of divorce and legal separation in many Indiana Counties, including Marion and Monroe. You can contact the Visiting Nurse Service of Indianapolis at (317) 722-8201 (in Marion County) or toll-free 1-877-840-2673. Leave your name and a phone number where you can be reached, and a registrar will call you back. This excellent seminar will give you a great deal of guidance in helping your children get through the divorce with as little pain as possible.



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