Until July 1, 2014, paternity actions in Indiana were considered confidential. While divorce cases and other litigation was public record, to which anyone had access, paternity records were sealed, and even attorneys, without an appearance, were unable to review same.
Under new Indiana law, however, this confidentiality is no more1. Like divorce cases, paternity cases are now public record, and can be accessed. This update to the law puts the relatively similar paternity and divorce cases on an equal field regarding access. Now, an attorney or staff can call ... Read More
30
Dec2014
26
Dec2014
You have made the decision to divorce, and you have carefully researched, selected and hired an attorney, but your friend (a recent divorcee), or your uncle (a contracts attorney), has some input, or you researched different topics on the internet… and you’re starting to second guess your attorney.
Divorce, and child issues particularly, can be very emotional subjects. While there are laws out there the guide courts in making decision, there are a lot of legal factors that play into those decisions (or ... Read More
23
Dec2014
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process.
In criminal cases, you can appeal generally two (2) things, the conviction itself, or the sentence, or both. There are many nuances of criminal law and procedure that would lend itself to an argument to appeal either or both a ... Read More
18
Dec2014
In matters involving real property (i.e. land and immovable property on land), in general, boundaries and possession can be known through title. However, even with the proper boundaries and title defining a parcel of land, there can be disputes that arise between neighbors or landowners about who owns what, including not only land, but also structures on land.
Take for example a patch of land which Neighbor A has turned into a garden. By law, the land that Neighbor A uses as a garden is actually past the boundary ... Read More
16
Dec2014
In previous blogs we have discussed what property is considered “marital” property and subject to division between the spouses when they divorce. Generally, all property owned by either spouse before or during the marriage, regardless of who is the account holder or title holder, is “marital” and divided equitably (fairly, usually 50/50).
Determining what IS marital property is only the first step towards dividing it up during a divorce action. The second step is to determine the value. The court has discretion to chose ... Read More
11
Dec2014
Indiana follows the “marital pot” theory to determine what property is “marital property.” The “marital pot” theory means that ALL assets and liabilities, owned byeither Husband or Wife BEFORE and DURING the marriage, no matter how the property is titled, is jointly owned by the husband and wife equally and collectively.
Indiana is unique in that there is no “separate” property, like many states recognize. Other states may consider debts or assets held before the marriage to be “separate” or property acquired during the marriage ... Read More
09
Dec2014
Protective Orders, or POs, are a civil lawsuit used to protect a victim against a harasser or stalker. POs are in the nature of injunctive relief. Essentially, it is a court order prohibiting certain behavior of the harasser or stalker, towards the victim. A PO is NOT a No Contact Order. Popular portrayal in movies and TV shows often indicate that a Protective Order requires someone to stay at least so many feet or yards away from the victim. However, in Indiana, this is not true. Protective Orders ... Read More
04
Dec2014
A recent tragedy involved the murder-suicide of a married couple with the husband taking his wife’s life and then his own, leaving behind a 14 year old son1. After several disputes and altercations between the couple, the husband shot his wife in an intersection as she was going to visit a family member just a few blocks away. The wife had filed a protective order that morning, and had called to notify him of her filing.
Under Indiana Civil Protective Order Act, the purpose of these laws ... Read More
02
Dec2014
If you drive a car, truck, motorcycle or other vehicle on the roadways, chances are that even the safest driver will find themselves involved in a fender bender once or twice. Accidents can range from minor scratches and dings on your vehicle, to fatalities. Hopefully you never find yourself in this situation, but if you do, here are some key Do’s and Don’ts .
DO take pictures at the scene. Most of us have cell phones with cameras, and these can be useful tools later should ... Read More