Family Law
Based in South Bend, Indiana, James D. Nafe, Jr., Attorney at Law, represents clients throughout St. Joseph County in a variety of family law matters. Divorce or other family law disputes can be among the most emotionally difficult situations a person may face. By providing personalized legal representation, Mr. Nafe guides his clients through even the most complex divorce, property division, child custody, spousal maintenance, child support, paternity, adoption, or post-divorce modification matters.
Divorce
Indiana law allows for a divorce in any situation where there has been an "irretrievable breakdown of the marriage." Even in cases where the spouses agree upon all of the terms, the law imposes a 60-day waiting period before the court will finalize the divorce. In addition, new local rules require that the parties come together and at least attempt to resolve the divorce amicably. Attorney James D. Nafe, Jr. provides comprehensive legal representation aimed at helping you finalize your divorce as quickly and painlessly as possible. In the event that litigation proves unavoidable, Mr. Nafe will draw on his extensive trial experience to represent you through to a satisfactory conclusion to your divorce.
Property Division
As set forth in Indiana's Family Code, courts are required to divide the property between the divorcing parties in a manner that is "just and reasonable." The court will presume an equal distribution of the property between the spouses, unless one party shows evidence that would result in the court distributing the property in a different manner. Because the court does have some freedom in how it divides your property, it is critical that you have an aggressive advocate on your side to advocate for your rights and interests.
Maintenance and Support
The court may order spousal maintenance in certain situations, such as when one spouse is mentally or physically incapacitated and unable to care for him or herself, when the spouse has a child so incapacitated that the spouse cannot work, or when the spouse lacks sufficient property to care for his or her own needs. The court can also order child support to be paid "in an amount reasonable to support the child" after considering a number of factors related to each parent's resources and financial situation, including the standard of life the child would have enjoyed had a separation or divorce not occurred, and the child's physical and mental condition, including educational needs.
Custody and Visitation
Indiana's family courts make custody determinations "in accordance with the best interests of the child" with no presumption in favor of one parent or the other. Instead, the court considers several factors when making its decision. In general, the court will grant the noncustodial parent reasonable parenting time. We understand that custody and visitation issues often prove to be the most emotionally difficult and contentious part of a divorce, and strive to guide you through each step of this process.
Paternity
We understand that establishing paternity is often a contentious and difficult matter, but can sometimes be necessary in order to establish child support, custody, and visitation arrangements. The Indiana Family Code laws relating to paternity are extensive and complex, containing multiple exceptions and allowances for a range of different situations. Whether you are a father or a mother, we can assist you with navigating the confusing landscape and determine paternity, either voluntarily or through legal action with the court.
Post-Divorce Modification
Over time, it is common for a family's circumstances to change. This can include moving away or experiencing a significant change in finances. When this occurs, it may be necessary to obtain a modification in a custody, visitation, or support order to accommodate the change. Whether you are seeking the modification or opposing your ex-spouse's modification, we will work diligently on your behalf to protect your rights.
Consult Experienced Legal Counsel
If you need assistance with a divorce, custody, support, paternity, or post-divorce modification matter, we are here to help. Mr. Nafe is committed to serving as an aggressive advocate on your behalf. To schedule a consultation with our office, contact us today.
