Madison County, Indiana

Serving Madison County

Hammond Legal is rooted in Madison County. Our office is in Anderson — the county seat — and we appear regularly in the Madison County Circuit Courts and Superior Court. Madison County is our home jurisdiction, and we know its courts, its local procedures, and its legal community.

Madison County has one Circuit Court and six Superior Courts, handling the full range of civil, criminal, family, and juvenile matters. The Madison County Prosecutor's Office handles criminal filings, and the Indiana Department of Child Services maintains a Madison County office that handles CHINS proceedings and child welfare matters in the county. For those seeking appellate relief from a Madison County conviction, appeals are taken to the Indiana Court of Appeals in Indianapolis.

Madison County Courts

The Madison County court system is located at the Madison County Courthouse, 16 E 9th St, Anderson, IN 46016. The courthouse houses the following courts:

The Madison County Clerk of Courts is the filing office for all civil, family, and criminal matters. The Clerk's office is located at the courthouse and handles new case filings, document retrieval, and fee payments.

Communities Served in Madison County

Hammond Legal serves clients throughout Madison County — from Anderson to the county's smaller cities and towns. Whether you are in Pendleton on the county's southwestern edge, Elwood to the north, Alexandria to the northeast, or any of the communities in between, the Madison County Courthouse in Anderson is your filing location for most civil, family, and criminal matters.

Regardless of which Madison County community you are in, all civil, family, and criminal court matters are handled at the Madison County Courthouse, 16 E 9th St, Anderson, IN 46016. Hammond Legal's office is also in Anderson, making us accessible to clients from across the county.

Where to File in Madison County

The following guidance covers the most common filing questions for Madison County residents. These are general procedural points — specific circumstances affect every case, and nothing here constitutes legal advice for your situation.

Divorce

Divorce petitions are filed with the Madison County Clerk of Courts at the courthouse. Indiana law (IC 31-15-2-6) requires that at least one spouse have been an Indiana resident for six months and a Madison County resident for three months immediately before filing. Indiana is a no-fault divorce state — neither party needs to prove wrongdoing to obtain a dissolution.

Child Custody & Parenting Time

Custody and parenting time matters are handled in the Superior Court division where the family law case is filed. If a divorce is pending, custody is determined as part of that proceeding. Standalone custody modifications are filed with the clerk in the court that issued the original custody order. Indiana courts apply the Indiana Parenting Time Guidelines as a baseline — deviation requires a showing of cause.

Child Support

Child support is established using the Indiana Child Support Guidelines, which are based on an income shares model. Both parents' incomes, the parenting time schedule, childcare costs, and health insurance contributions factor into the calculation. Modifications require a substantial change in circumstances and are filed in the same court that entered the original support order.

Paternity

Paternity petitions in Madison County are filed with the Clerk of Courts. A paternity action can be initiated by the mother, the alleged father, or the Indiana Department of Child Services. Once paternity is established — by voluntary acknowledgment, administrative order, or court order — custody, parenting time, and support can be addressed in the same proceeding.

Protective Orders

Civil protective orders under IC 34-26-5 can be filed at the Madison County Courthouse. A petitioner may file in the county where they reside, where the respondent resides, or where the abuse or threat occurred. Emergency protective orders are available at any hour through the Madison County Sheriff's Department or any law enforcement agency — an on-call judge can issue an emergency order outside of regular court hours when there is immediate danger.

Criminal Charges

Felony and misdemeanor charges in Madison County are filed by the Madison County Prosecutor's Office in the appropriate Circuit or Superior Court division based on the nature of the charge. Criminal cases are filed in the county where the alleged offense occurred. The initial hearing — at which bond is addressed — is typically scheduled within 24 to 72 hours of arrest. If you or someone you know has been arrested in Madison County, contact Hammond Legal immediately.

CHINS Proceedings

Child in Need of Services cases in Madison County are initiated by DCS and filed in the Madison County courts. The first hearing — the detention hearing — is often scheduled within 48 hours of a child's removal from the home. Parents have a constitutional right to counsel in CHINS proceedings, and early representation matters significantly. The Madison County DCS office coordinates case management for all Madison County families involved in the child welfare system.

Expungement

Expungement petitions under Indiana's Second Chance Law (IC 35-38-9) are filed in the same Madison County court where the original conviction was entered. Waiting periods vary by offense level — one year for arrests without conviction, five years for misdemeanors, eight years for Level 6 felonies, and ten years for higher-level felonies. The petition is served on the Madison County Prosecutor, who has an opportunity to object.

Practice Areas in Madison County

Hammond Legal handles all nine of its practice areas in Madison County — appearing in the Circuit Court and Superior Courts for the full range of criminal, civil, family, and appellate matters.

Hammond Legal also handles appeals, employment law, and insurance defense matters with connections to Madison County.

Common Questions — Madison County