Lawyers do a great job of presenting a client’s best position in court in obtaining their legal objective. Judges sort through it. Often sitting in the courtroom as a casual observer, it is difficult to tell which story is accurate and what evidence the court should rely on to decide the division of property (presumption being equal) and child custody (gender neutral). After sitting through hundreds of trials, the attorneys at Ciyou & Dixon, P.C. use this blog to explore three highly effective visual aid strategies that ... Read More
24
Nov2015
19
Nov2015
The issue of and statistics about domestic violence have received significant state and national attention over the last several years. Actual or threatened domestic violence may result in criminal charges with the right to remain silent or a civil domestic protective order.
A civil domestic protective order is issued to attempt to stop threats or risk of harm to the person who petitions for it. Such an order may be granted without a hearing or after a hearing is set and the alleged perpetrator is given notice to ... Read More
18
Nov2015
In Indiana, there are four key steps to take in appealing a decision of an Indiana judge or jury verdict. The first is to determine if there is a final order. In most civil trials, the appealable order is the final order disposing of all of the issues. In criminal cases, this is the date of the sentencing. The rules set forth by the Indiana Court of Appeals and Supreme Court are strict and require a certain action to be taken within thirty days of a ... Read More
17
Nov2015
Divorce is the best of times and the worst of times for most people (parties, friends, and family) all at the same time. It is difficult to manage the day-to-day events and divorce process itself and work or do the events of daily life with the future unknown. In some respects, it is also positive for many people because it signals a life change. Over the course of years, we have observed five critical mistakes parties make that negatively impact their life during and after the ... Read More
12
Nov2015
Indiana has passed two versions of expungement statutes. The purpose of the statutory scheme was to restore core civil liberties to certain individuals who had old criminal histories in Indiana. These core civil liberties are to hold public office, vote, serve on a jury and possess firearms.
However, the Justice Department did not accept Indiana’s expungement statute to restore the right to keep and possess firearms under Indiana law nor qualify for a License to carry a handgun. While a very technical area, as ... Read More
11
Nov2015
Strictly speaking, Indiana is not an alimony state. The term used in legal terms is “maintenance.” Understanding these will help you be a more informed citizen and help your lawyer ask for temporary orders and a final divorce in a way that best meets your needs and is just and equitable.
The first type of maintenance is that the court can award during the pendency of a divorce proceeding when the case is undeveloped for what is fair ultimately order; temporary maintenance for household expenses is very vast and ... Read More
10
Nov2015
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 ... Read More
05
Nov2015
Under Indiana law, Courts are required to consider all property brought into the marriage and acquired during the marriage as marital property, and then divide it in a fair and equitable way. This means if you obtain an inheritance, or have use of a car from a third party, it may be treated as marital property and divided.
With an inheritance, keeping separate from marital funds may be key or addressing this in a post nuptial. If you obtain a loan from a friend or parent, ... Read More
04
Nov2015
For many father’s who seek joint or primary custody, there is the belief that they are predisposed to an outcome. However, Indiana’s divorce statute is gender neutral and father’s are prevailing on custody claims in Indiana courts who focus on the children’s best interests. To make your best case, here at four tips.
Perception is reality. Many, if not most, father’s today have work schedules that are more conducive to sharing custody, working from home, flexible hours, and the like. However, if you go into your case with the ... Read More
03
Nov2015
Any party to a divorce, paternity, or the Court may request/order a custody evaluation. A custody evaluation is normally done to request a professional’s opinion on what is in the children’s best interests for custody, parenting time, and/or relocation.
At the end of the process, an evaluator will make custody type recommendations to the Court after spending a significant amount of time with the parties. In the event you obtain an unfavorable custody evaluation, there are five important ways you may challenge the recommendations if you believe they ... Read More