Can I get an anullment if I've been married for 8 months?: I have been married for 8 months and it's been nothing but lying, cheating and abuse of all types. I wanted to file for a divorce but I was told that I have to be married for 12 months so I want to get an anullment.
Justin’s answer:
Indianapolis Divorce Lawyer Justin Bowen responds to your question:
Hi there. Not sure who told you that you had to be married for 12 months to file for a divorce - that is not the case in Indiana. You can file for divorce the day after your wedding if you want to, as long as you are a resident of Indiana when you file.
An annulment is a horse of a different color, so-to-speak. An annulment is when you ask the court to determine that the marriage never even existed at all -- and you have to prove certain factors to the court in order for the court to grant the annulment. In a divorce on the other hand, you do not need to prove any of the factors like you do in an annulment, you just have to advise the court that there has been an irretrievable breakdown in the marriage. Either way, if you are a resident of Indiana, you don't need to wait to file either one.
Feel free to call my office if you have further questions: (317) 848-5353. Thank you for your question.
Indianapolis Divorce Lawyer Justin Bowen
Bowen & Associates, LLC
(317) 848-5353
How do I get a guardian ad litem appointed: My son is wanting to move in with his father who has previous abused him. The father has promised to be a new, better father to my son. My son is 16 years old. Can I get a guardian ad litem appointed for him? And can I do it without an attorney?
Justin’s answer:
Indianapolis Trial Lawyer Justin Bowen answers your question:
The short answer to your question is yes - you can do it without a lawyer. My colleague seems to be saying that it might not be the best idea to try to go it alone - and I agree with her. I understand the process is expensive - but consider trying to pool your resources and get counsel to help you. This is a critical time in you child's life and you want to do everything you can to get it right. There may also be some agencies out there to assist you for a reduced fee, or even free, but the waiting lists are long and they are very selective about the cases they take. Either way, I commend you for wanting to get a professional GAL involved to help you do what is best for your son. I wish you the best of luck in finding the help you and your son need.
Indianapolis Trial Lawyer Justin Bowen
Can school stop me from visiting my child there if I'm non custodial parent and have non violent felony?: I'm on probation for receiving stolen property and court states that I cannot have kids in my car, why? Her father won't let me see or communicate with my daughter so thought I might try to have lunch with her at school. Can father or school stop me? I have visitation order. I live in Indiana and they live in Ohio.
Justin’s answer:
Indiana Trial Lawyer Justin Bowen answers your question:
This is a difficult question because I don't have enough information to really formulate a coherent response. Do you have joint legal custody? If so, you might be able to go to the school to eat lunch with her, if the school allows such a thing to occur. The school might have a policy against that disruption. What does your visitation order state? If it grants you certain parenting time, perhaps it would be best to focus on making sure you exercise all of that parenting time, rather than showing up unannounced at the school. You most likely know that you might be able to get away with that once, but when the father finds out about it, he will do everything in his power to make sure it doesn't happen again. I don't think I would put the energy into this scheme if I were you. Use your energy to make sure you are spending as much time as you can under the terms of the visitation agreement. If you don't think it is enough, or if father is refusing to allow you to exercise that time, file a petition with the court and seek the help of the court to enforce your parenting time. Best of luck in this difficult situation.
Indiana Trial Lawyer Justin Bowen