The family is one of nature's masterpieces. 

-George Santayana

Practice Areas


Our attorneys believe that family law matters should be handled not only with sensitivity, but also with firmness of purpose. There is simply far too much at stake in matters dealing with the family unit to make assumptions about courses of strategy. Each case is its own, and deserves an individualized and tailored approach. The decisions that are made prior to and during the course of litigation can have life-altering, permanent impact on the lives of clients, their children, and their extended families.

We also represent clients in grandparents' rights cases, guardianships, post-decree matters, emancipation, relocation, CHINS, post-secondary (college and university) support matters, and same-sex couple rights, among others.



Divorce


Many people who are going through divorce or separation are not aware of their legal rights and entitlements, and do not know where the hidden risks might lie. At The Law Office of Tracey L. Rosswurm, our attorneys will take the time to listen to your situation, answer your questions and guide you through each and every issue along the way. For litigants whose situation lends itself toward collaborative divorce, we can keep you from ever having to walk into a courtroom. For those whose divorce is more contentious, we'll fight for you as zealously as the laws of Indiana allow until the end.

When a Court presides over a divorce action, it is sitting as a Court of Equity. The term Equity, however, does not necessarily derive its meaning from common sense and its seemingly plain meaning of right versus wrong. In fact, the parties to a divorce or custody action will most likely leave their marriage, regardless of how successful they are, with less than they had at the start of the case. Therefore, it is important at the outset of your divorce to set specific goals and manage expectations. This, of course, does not mean we will not fight aggressively on your behalf; it simply means that your success will always be a function of the realities of the divorce laws of Indiana.

Contact The Law Office of Tracey L. Rosswurm at (260) 420-9095 today to schedule a professional consultation for your upcoming divorce. We'll be there for you from the moment you call us until your divorce is finalized.

We also have an extensive understanding of how to properly value and divide all types of assets, including:

• Corporations
• Partnerships and other small businesses
• Investments and stock portfolios
• Vacation homes
• Cars, boats, and other vehicles
• All real property

By working with experts in the field, we are able to provide the court with an accurate valuation of your property and protect your interest in them throughout your case. It is, of course, equally important that all property is uncovered during your divorce. If assets are hidden, it could drastically affect the type and amount of property you are awarded at the time of finalization. In order to protect your rights, you can rely on us to keep you fully informed and up to date at every step in the process.

Child Custody, Parenting Time, and Child Support


Whether you seek to safeguard your parental interests in a divorce or are concerned about receving or paying too little or too much in child support, the attorneys at The Law Office of Tracey L. Rosswurm can help obtain the result you deserve.

In every child custody matter, we are diligent in bringing forth all evidence that is in your favor. As your advocates, we will make sure that we do everything that the laws allow to protect your time and your ability to have a close relationship with your child. We will ask the hard questions, listen to everything you would like to say, and provide expert guidance for your employment change, relocation, or any other decision you are considering that may have an impact on your children.

The reality of physical custodial arrangements and parenting time orders is that they sometimes require modification, such that they are able to address the best interests of the children involved. In some cases, this requires emergent, aggressive action; in others, it may be a function of initiating a dialogue with the interested parties. Regardless of the nature of your situation, our attorneys will listen to its specifics, and approach it in the manner that is believed to be the one with the greatest likelihood of attaining your desired relief from the court.

We will help you understand your options and make informed choices for you and your children. You can rely on us for clear, honest counsel regarding your unique situation. We work with you to develop workable child custody and parenting time arrangements, even for the seemingly most difficult situations.

And if your child support obligation has become cost-prohibitive or unreasonable, or if you are in a situation where the non-custodial parent simply isn't providing enough help, we will advocate on your behalf to make things right. Our attorneys are dedicated to making sure your child custody or support arrangement is structured in the the most advantageous way possible for you and your children. Contact our office at (260) 420-9095 to schedule your consultation today.

Paternity


Paternity is the legal and social acknowledgement of the parental relationship between a father and child. Our attorneys handle cases where mothers, fathers or children wish to prove or contest the paternity of a certain individual. Mothers may want to establish paternity in order to obtain child support from the father, while fathers might wish to establish paternity for the purposes of seeking visitation or child custody. Whichever specific circumstances surround your paternity issue, The Law Office of Tracey L. Rosswurm will be sure to guide you through the process in the most effective way possible.

There are two ways of establishing paternity in the state of Indiana: The mother and father can swear to an affidavit that confirms parentage, or either parent can file a paternity lawsuit. In the event that a paternity lawsuit is filed, regardless of which party you are, you will need legal representation. Because the affidavit acknowledging paternity is permanent, it is also equally important that you consult with a family law attorney before consenting.

In some cases, relationships between cohabiting parties or amicable parties may end months or even years after the parties established paternity. In those circumstances, the parents may be at a loss as to how to formalize the details to continue coparenting. An attorney can help evaluate the situation and determine if litigation is necessary to protect your child's best interests.

Contact our office for your paternity consultation at (260) 420-9095.

Stepparent Adoption


There is scarcely any part of practicing family law that is more rewarding to our attorneys than having the honor of helping to facilitate a stepparent adoption. A large part of family law practice deals with individuals fighting through very stressful times that are full of emotional turmoil. In stepparent adoption cases, however, the final hearing is usually a joyous ceremony.

It is the moment at which the parents and child who have been emotionally close for many years are able to solidify their relationship through formal legal channels.

Final adoption hearings are extraordinarily gratifying occasions for our attorneys, and even more so for our clients.

Contact our office at (260) 420-9095 and share your story with one of our attorneys today.

Collaborative Law


Collaborative Law is an alternative dispute resolution process in which the parties retain separate, formally-trained collaborative attorneys whose primary function is to help the parties reach an agreed settlement. The parties and their attorneys collaborate in good faith, and commit to communicate respectfully and honestly to address the legitimate needs of both parties. The parties agree not to litigate, nor threaten to do so, and if that should occur, the collaborative process terminates, and both attorneys are disqualified from any further involvement in the case. Attorneys hired for a collaborative law matter cannot continue to represent their respective clients in a litigated case. This arrangement benefits the clients greatly: each attorney has significant incentive to collaborative in good faith and with genuine efforts for the best global arrangement, as those attorneys are barred from continuing to represent the clients, should the matter go to court. For that reason, among others, collaborative cases almost universally result in settlement.

There is a significant difference between a settlement that is negotiated during the conventional litigation process, and a settlement that takes place in the context of the process governed by a written agreement to collaborate.

Most conventional family law matters settle figuratively, if not literally, "on the courthouse steps". By that time, both parties have incurred significant attorneys' fees, and a great deal of emotional damage may have been caused. Moreover, the settlements are reached in the shadow of trial, and are generally shaped largely by what the attorneys believe the judge in the case is likely to do. This tension is removed during the collaborative law process, which is designed from the beginning to make it possible for creative, respectful, collective problem-solving to happen. It is faster, less costly, more individualized, less stressful, and overall more satisfying in its results than what occurs in most conventional settlement negotiations.

Attorneys Tracey L. Rosswurm and Cynthia A. Hogan are formally trained in collaborative law, and are members of Collaborative Family Law Solutions. Contact our office today at (260) 420-9095 to discuss your situation, and the process to engage a collaborative case.

Contempt and Enforcement


In an ideal world, ex-husbands and ex-wives would always abide by the terms of their settlement agreements and court orders without issue. When this ideal scenario is not the case, our attorneys will be by your side to safeguard your rights and aggressively compel compliance. If your ex-spouse is not paying child support pursuant to a court order, is failing to abide by the terms of a marital settlement agreement, or is in breach of a child custody and parenting agreement, you can petition the court to enforce the order. If contempt is found, the judge can force your ex-spouse to pay your attorney's fees.

At a hearing, the party seeking the contempt citation has the burden of proving the other party has acted in willful disobedience of a court order. This could include evidence that one party repeatedly did not deliver the child for parenting time, or perhaps failed to make any effort to maintain a current child support obligation. In short, it must be shown that an individual had an obligation to perform a certain action and failed to do so. At The Law Office of Tracey L. Rosswurm, our attorneys will competently advocate on your behalf to make things right. Contact us at (260) 420-9095 to schedule your consultation.

Protective Orders


In cases of divorce and other types of family disputes, one or both parties involved can file for Orders for Protection. Orders for Protection are issued with the purpose of protecting people from domestic or family violence, stalking, or a sex offense. There are two kinds of Orders for Protection, and our family attorneys can help you with both:

• Ex Parte Orders for Protection are sometimes referred to as temporary orders and are issued without a hearing. A person filing an Ex Parte Order for Protection does so alone, without the knowledge of the alleged abuser. To receive an Ex Parte Order for Protection from the Court, you must prove that you, a family or household member, or your personal property is in immediate danger.

• Orders for Protection are only issued after a court hearing where you and the alleged abuser or stalker each received a chance at telling your respective sides of the story. Orders for Protection normally last for two years, unless a judge determines a different amount of time. The scope and specifics of an Order for Protection will be addressed by the court order, as well.

Whether you are the victim filing for an Order of Protection or a defendant fighting against a Protective Order, The Law Office of Tracey L. Rosswurm will provide you with skilled, knowledgeable representation and help safeguard your interests. Contact our office at (260) 420-9095 to schedule a consultation with an attorney.

Destination Divorce


The concept is simple: All necessary information is collected and organized ahead of time by our capable staff. Once all information has been gathered, a three-day weekend is scheduled which will take you away from all of the distractions of life for three days, to allow you to focus solely on the issues of your divorce and your future in a calm, relaxed, and pampered setting. Attorney Tracey Rosswurm, trained as a family law mediator, works with each of you individually, so that you do not have to work with your soon-to-be estranged spouse in the same room.

The Destination Divorce mediator assisting you through the process will mediate all issues of your divorce for the first two days of the weekend, allowing you to take full control over your own future and to brainstorm creative solutions that will fit your unique family. All agreements that you make regarding your children, property, finances, tax issues, spousal maintenance, vehicles, and real estate will be reduced to writing in formal court-ready documents to be filed upon your return.

If there are any issues left after two days of mediating, your mediator will become your arbitrator, and will arbitrate the final issues. This way, you are assured that all of your divorce issues will be finalized by the end of the three-day weekend.

The Destination Divorce process significantly reduces the high cost of traditionally litigating a divorce case, both in terms of the financial and emotional costs. By agreeing in advance to the Destination Divorce process, there is no threat of litigation, no personal attacks, no court battles, no intrusive nor invasive discovery tactics, and no contradictory witnesses. Information is collected and exchanged in a professional and business-like manner by your mediator, so that you do not have to work directly with your spouse. You can decide to engage the Destination Divorce process at any point: prior to filing or during your existing divorce litigation process.

Negotiation of settlement ideas is done in a creative, private and dignified setting. Your final settlement will be specifically tailored to your individual situation, your specific circumstances, and your very unique family.

Yes, a Destination Divorce is different; but that is precisely one of the reasons that it works. Parties who might spend months or years wrangling with paperwork, inter-lawyer battles, and endless delays, spend just seventy-two hours in a luxurious location, away from the stresses of daily life, focusing only on their futures, and retaining the control they want and deserve. Learn more and book your Destination Divorce at www.destinationdivorces.com.

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The Law Office of Tracey L. Rosswurm, LLC

622 South Calhoun Street Fort Wayne, Indiana 46802

Phone

(260) 420-9095

Hours

Monday — Friday: 8:00 AM - 5:00 PM