As a general rule, the final order of Indiana trial courts has the right to appeal. Most are taken to the Indiana Court of Appeals. A few appeals proceed directly to the Indiana Supreme Court. In this blog post, three types of matters that cannot normally be taken up on appeal are discussed as this creates significant confusion for some litigants. The first are interlocutory orders. During the trial process a judge may make dozens or hundreds of orders to ...
In felony cases, the potential for incarceration and a felony disenfranchisement of core civil rights (to hold public office, sit on a jury, vote, and possess firearms) is in the balance. Many individuals who find themselves in this situation do not necessarily carefully pick their defense counsel. This blog covers three of several important considerations. The first is approach. Being under criminal charge is a burden which is why there is a right to a public and speedy trial. However, with complex legal and scientific ...
Most marriages last at least a few years if divorce is in the cards. Most litigants see obtaining the divorce decree as about the final step in that hard process. However, to have the best chance of returning your life to the closest place it was pre-divorce, a great deal of work needs to occur post-divorce. First, make sure at the time of the divorce, key policies and protections don’t lapse like health insurance, auto insurance, and life insurance. Between changes of address ...
December 2, 2015 / Custody Relocation
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children. First, and perhaps most important, is that the relocation is made in good faith and for a legitimate reason. A job transfer, layoff, and work-related reasons are the most common and likely to be successful. What ...
November 10, 2015 / Divorce
Most seasoned divorce attorneys observe common and avoidable mistakes parties make during divorce hearings (preliminary hearings or finals). Indiana has a strong and neutral judiciary. However, bad acts and these mistakes may factor into how a judges views a litigant as a parent. So try to avoid them. The first is something relatively new: wireless devices. Sitting in a courtroom and having your cell phone ring is a violation of most written local court rules. And it sends a signal (or can) to the court that something ...
Tens of thousands of cases are filed and decided by Indiana’s trial court judges each year. Every judge and attorney knows the importance of telling the story of your position to give you your best day in court. However, for the legal system to work as it should, litigants themselves play a key role at trial. These may seem obvious, but it is amazing how the stress of a trial or nervous excitement may cause you not to be prepared for court. Here ...
Divorce attorneys all want to help every client or potential client meet their legal objective, which may range from a certain distribution of assets to specifics of custody. However, unlike most areas of law every seasoned family law attorney or judge will tell you emotion fuels divorce and a litigant often is in the best of time (freedom) and the worst of times (lower economic standard with two households) at the same time. Most litigants want to waive the white or checkered flag and have the divorce behind them. However, a small ...
March 5, 2015 / Child Kidnapping by Parents
As we become a global economy and airlines link the remotest parts of the world within a day, international child abduction by a parent has become easier, more common, and problem in need of law-making. For this reason, about 25 years ago the Hague Convention on the Civil Aspects of International Child Abduction was proposed, signed by many nations and ultimately ratified (over a long time).1 In the event you are in this situation or concerned about it, the blog is written ...
February 10, 2015 / General Practice
Due to the size of the State of Indiana, Hoosiers are fortunate to have wide access to a pool of quality attorneys, dedicated judiciary, and a stable body of law. That said, the notion of the “family or personal” attorney has largely gone by the wayside with the complexity in law as we wrestle with technology driven world. With this said, there are three key things to think about when you hire an attorney. The first is defining your legal need or objective. This may sound basic, but a car under ...
January 22, 2015 / Divorce
In Indiana, like many other states, marriage and divorce rates are about equal. The differences are stark; marriage is generally a happy time where couples look forward to growing old together, having a family, and doing things that over time will weave most all aspects of life together. Divorce, on the other hand, involves untangling assets and liabilities and often children, things that are not really divisible. If your case does not settle along the way1, the day will come that a final hearing becomes a reality in your case.2 There ...