If you are unhappy with the property division as ordered by a court, you can and should seek an appeal. If the division does not follow the law, or the evidence before the court, you have only two options, with limited time, to correct the erroneous decision. Unlike child support and child custody issues, a property division order by a court is not modifiable. In other words, a property division is a final order. (It is important to keep in mind that if ...
October 2, 2014 / Divorce
As has been noted in previous blogs, law may not always work in real time or move as quickly as one or both parties may like. Often, there are deadlines and pieces that must fit together before a matter can be finalized. This can take some time. In divorce cases specifically, there are several reasons it may take longer or be continued. First, there is a required cooling off period of 60 days, and until that time is reached, the divorce cannot ...
April 22, 2014 / Personal Injury
When you are injured in a collision or other unfortunate encounter with another object or vehicle, there are steps you can take to assist your counsel in your case. The following article summarizes the three most critical things you can do to capture the evidence for your case. # 1 Get medical treatment right away. Delaying medical treatment may create issues later on in linking the cause of the injury with the injury suffered. Along with seeking medical treatment, be compliant in following the ...
April 8, 2014 / Divorce
Sex, lies and scandalous videos of celebrities fill the daily tabloid magazines and go viral on the internet. But what about you? You are not a celebrity, why does what you do in your personal life matter? Sex, lies, and scandalous videos can be very damaging to you if you find yourself embroiled in a hotly contested divorce, custody, or paternity case. Almost everyone has something “private” and often times you think you are sharing something personal with someone you are involved in a trusting ...
The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines as a tool to assist with developing a plan for “frequent, meaningful and continuing contact with each parent”, with the first Guidelines going into effect on March 31, 2001. Since the initial Indiana Parenting Time Guidelines were adopted and became effective in 2001, they have been reviewed and revised on two occasions, which became effective January 1, 2008, and March 1, ...
Family and domestic law cases, including divorce and paternity are civil cases. There are no criminal charges, and the case is heard by the bench (judge), not a jury. In some Indiana counties, there are separate civil and criminal courts. In other counties, both types of cases are heard in the same court. For the most part, the realms of family law and criminal law do not generally and frequently overlap. However, there are instances when criminal law becomes ...
Now that the holidays are over, and winter is upon us, inclement weather can unexpectedly cause travel problems and get in the way of normal parenting time exchanges. If the recent storms in Indiana have taught us anything, it is to be prepared for bad weather that can cause schools, work, and all travel to be canceled. If you are ordered to follow the Indiana Parenting Time Guidelines (or if you have ...
As discussed in part one, with divorce, the impact on children permeates several areas of their lives, and can often be as traumatic, if not more, on children as on the adults. One major area of change and upheaval is a child’s routine. With divorce, there are suddenly different and more routines to manage. Parents must balance their parenting time and ...
With respect to divorce actions and paternity actions, a court must determine which parent or both should have both legal and physical custody of a child, or children. Physical custody involves where the child sleeps the majority of the time (which parent the child is living with primarily and physically with). Legal custody is generally defined as decision-making regarding the main issues of education, medical issues, and religion of the Child.1 The parents can agree to which parent (or ...
When a child is born to a married couple, it may seem ridiculous to ask the question, who is the daddy? But, sometimes, this may not be a ridiculous question after all. Most all divorce petitions and decrees include the names and ages of the children born of the marriage (if under 21), but also include the statement “Wife is not now pregnant.”1 Some may wonder ...