Overview of Indiana Forms
Indiana legal forms are an essential aspect of the state’s legal system. Clarifying and simplifying the law, Indiana legal forms are filled out and submitted in a wide array of different contexts. From the purchase of real estate and marriage licenses for individuals to the setting up a corporation and filing a tax return for businesses, an Indiana legal form is a necessary component of most legal transactions.
Legal forms in Indiana are provided by the Indiana Judicial Branch and are accessed online from its official website. Despite their complexity and the comprehensive nature of many forms, they are able to be completed without the assistance of a lawyer. As such, they offer a practical way for individuals and business owners to fill out and file the forms that they require swiftly and efficiently.
The types of legal forms available in Indiana vary widely. In total, there are more than 700 served on the official website, every one of which is free to download, fill out and submit. Over half of these fall into the category of family law, covering forms as diverse as bills for child support, court orders for divorce and petitions to establish paternity. Though numerous , they all have one thing in common — helping people to make a new start following a significant life event.
Legal forms are not just limited to those concerning family law, however. There are plenty of legal forms available for businesses to download and complete online as well. Some of the most common business-related legal forms include registration and incorporation forms. These are designed to assist businesses in a range of states from requesting identification numbers to begin operating to filing for tax exemption. Other forms can be used for selecting pre-tax benefits from income, starting a formal dissolution process for a corporation or small business or even for recording a commercial lease.
Forms, in essence, allow the people and corporations of Indiana to be able to move forward with their lives quickly and easily. By taking the time to fill out each necessary form, it is possible to ensure that the entirety of a legal process is completed properly and at the correct time. There are many different Indiana legal forms available online and an individual or business will often need to choose multiple of them. As such, it is important to know what forms will be needed in advance and to allow enough time to fill out and file each of them.
Common Forms in Indiana
Some commonly used forms include:
Banking Powers of Attorney: A financial Power of Attorney (financial POA) grant an agent legal authority to handle the principal’s assets, including real property.
Real Estate Purchase Agreement: Similar to a Real Estate Sales Contract, an REPA is a legally binding agreement for the sale of real property that includes the purchase price.
Buy-Sell Agreement: Also referred to as a Buy-Sell Agreement, this contract stipulates how one or more owners of a business may sell their ownership share and how a replacement buyer will be found, as well as setting a price or formula for determining a price.
Debt Settlement Agreement: Allows parties to compromise their debts, often for less than the full balance owed, in order to avoid bankruptcy or foreclosure.
Parental Agreement: Also known as a Parenting Plan, this document outlines custody arrangements for children before and after divorce.
Estate Planning: Last Will and Testament; Pour-Over Will; Health Care and Living Will; and Power of Attorney.
How to Get Indiana Forms
The easiest way to obtain Indiana legal forms is to check the specific court’s website for self-help resources. For example, both the Indiana Supreme Court and the Indiana Court of Appeals provide a set of rules of procedure that provides links to some Indiana legal forms for particular matters or pleadings.
Most county websites for Indiana state courts also provide some forms on their website. Check out the Allen County Superior Court website, and the Hamilton County Superior Court website.
Indiana legal forms are available for purchase online through most of the major national online legal form companies, and can be downloaded immediately after purchase. Nolo Press is a national legal publisher that provides both paid and free download forms, with a full package for a variety of legal topics. LegalZoom has affordable form packages with Indiana state-specific forms. Both of these websites also include social networking features that provide interactive participation or commentary by their subscribers or visitors.
Indiana legal forms can also be purchased from local law office supply stores, any local chain store with a legal forms section (like Staples or a major office supply company) or online through major forms retailers. An Indiana resident can also obtain forms from the Indiana State Bar Association Publishing Company, from the Indiana General Practice Solo and Small Firm Section or even from a Public Library that has an online resource subscription like Infolinx.
State government agencies will also have lots of forms available, often for your specific matters or legal issues, in addition to general state forms. The Indiana Department of Child Services has an abundance of forms related to child support, adoption, and custody. Forms for employment affairs, unemployment and labor affairs are also available from the Indiana Department of Workforce Development. Other good sources are the Indiana Bureau of Motor Vehicles and the Indiana Department of Revenue for any tax forms. Indiana foreclosure and property taxes is another legal area with lots of downloadable forms.
The most specific legal forms are typically found through the county line where the issue arises or the municipality involved. For example, the Indiana Supreme Court provides rule 71e1 which affords individuals the right to a jury trial in their trial court division, so the Indiana circuit court in the appropriate county would have forms to request a jury trial in that court. But the Indiana Courts Administrative Rule provides for a number of individual case types, which provide for more localized treatment to obtain forms to meet your needs as an Indiana resident.
Lawyers are also a good source of legal forms for any specific individual legal problem you may have. Finding an Indiana lawyer that offers flat fees for legal work can minimize the cost.
How to Complete Legal Forms in Indiana
Filling out legal forms in Indiana is not necessarily complicated, but being careful and thorough is an absolute must. It can be tempting to fill out forms in a hurry, but this can lead to mistakes that might be extremely difficult to correct later.
The process of filling out legal forms often begins with a search for the correct form. There are different forms for different types of legal matters. Generally speaking, statewide forms will be accepted everywhere in the state, while county-specific forms may only be accepted in the county in which they were obtained.
A form should be filled out completely, carefully and correctly. If you do not understand any of the legal jargon, a lawyer can explain it to you. There are online resources you can find to help you as well.
Many people who do not have experience filling out forms may be tempted to guess at answers or try to come up with what they hope is an acceptable answer, but the worst thing you can do when filling out a form is to lie. For example, if you are unable to recall the year in which a marriage occurred, you should list "unknown." If you misrepresent facts in a legal document like a court filing, you could make yourself subject to other legal action.
Be extremely meticulous about your spelling and calculations. Most lawyers have a reputation for being nitpicky, but it comes from experience in having to deal with these forms. We recommend making a copy of the form before you fill it out so you can practice your answers first.
If you’ve filled out the form incorrectly, you’ll need to fill it out entirely again. Your errors are not a reason for the court to accept an incorrectly filled out form. The court will just reject your form and force you to re-file.
It is best to have someone with experience in Indiana legal matters help you fill out any forms. A lawyer, paralegal or legal assistant can help you fill out legal documents and understand any terms you do not understand.
Advice and Assistance Regarding Paperwork
While creating a legal document, it is often best to consult an attorney about your form completion. An attorney can ensure that forms are filled out properly according to state or federal law, with answers that make the most legal sense for your complete situation. This approach will make it much easier to avoid having to redo your form. Also, finding yourself in front of a judge in court because a form was not filled out sufficiently or accurately is a costly and time-consuming mistake . In some situations, using the services of a legal aid provider is an alternative to hiring an attorney. However, legal aid may not help you unless you meet their specific criteria. In Indiana, legal aid providers cannot handle cases in criminal or family law matters and only take on civil or family law cases with real and immediate emergencies. Legal aid serves only to assist with certain individual legal forms, such as simple name changes and protective orders or no contact orders.
Pitfalls to Avoid
Even the most experienced attorneys, and legal professionals of all stripes, make mistakes from time to time. Forms such as the Common Client Intake form that start out innocently enough almost always have an unintended consequence and create either an ethical or a legal problem that usually could have been avoided.
The most common mistake I see in forms is a drafters lack of understanding of the concept and elements of the attorney-client relationship. Too many times I receive a poorly drafted intake form that only has legalese and fail to include questions about the other elements of the attorney-client relationship.
For example, you should always consider whether a duty of care is created before you engage in a legal matter before an attorney-client relationship is formed. This duty of care is based on the facts and may be determined by an objective standard of care or may be subjective based on your client’s reasonable belief that you are their attorney.
Another common mistake is failing to ensure that the forms used to hire outside experts to provide professional services properly address the attorney’s role as the intermediary. Simply having the client sign a form that only includes boilerplate language or that was written for another purpose almost guarantees that the client is going to have grounds for complaining to the client grievance officer if the expert does something that is bad for their case.
I often see a poorly worded waiver or acknowledgement in an attempt to educate the client about the legal process. While this may be acceptable for one piece of the transaction, it is most cases not going to be legally enforceable, so you need to word that section to allow for a future dispute.
Common Queries Concerning Indiana Legal Forms
Whether you’ve used Indiana legal forms before or this is your first foray into the world of online legal forms, you probably have some questions. The following list of frequently asked questions about Indiana legal forms should help you clarify any questions you may have:
Q: How much do Indiana legal forms cost?
A: Costs vary depending on the type of Indiana legal forms you need. Generally, they are affordable, and may be free of charge. An attorney could easily run you thousands of dollars for a single form, so do your homework to find other options .
Q: How long will it take to complete my Indiana legal form?
A: Again, there are many factors to consider. Some forms may take just a few minutes to fill out, while others may require a great deal of research and time to complete.
Q: Where can I find Indiana legal forms that comply with Indiana state law?
A: While it is always best to hire a qualified attorney in the field, most online forms are backed by qualified attorneys in the field, as well as extensive research regarding compliance laws.