Most seasoned divorce attorneys will tell you that divorce, like the rest of our society, is a complex legal and psychological transaction. When the mere thought of a divorce arises, you should consult with a skilled therapist to try to determine if the marriage can be put back on track. Marriages today are a lot more than those based on love and are sometimes financial partnerships. So you owe it to yourself to explore the option of “saving” the marriage. Assuming the decision or analysis to ...
A. The right to use force and deadly force in Indiana. Under Indiana’s use of force statute, a person is justified in using reasonable force against another person to protect the person or a third party from what the person believes to be the imminent use of unlawful force. Further, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes the use of this level of force is necessary to prevent ...
November 28, 2017 / Father's Rights
Historically, the tender’s years presumption was law and effectively held that young children were presumed to be better cared for by their mothers, who most often received custody and the fathers “visitation” on divorce. That was a different time when the traditional family had a father working and a mother being a home-maker. This gave way to a gender-neutral legal position that meant, in theory, the recognition that either parent was presumptively able to have physical custody. The blog explores Father’s Rights now, ...
In the ideal world, you select the right attorney for you civil case at the outset. Sometimes there are developments, such as other companion cases that occur, that makes it too complex or the “wrong fit” for the attorney’s practice and/or client’s objectives. For these and a myriad of other reasons, attorney-client relationships falter or need to end at times like other relationships. The question is when you should change counsel? There are no hard and fast rules on this topic. But this blog addresses three major considerations ...
Why Parents May Make Tactical Mistakes in Delaying Custody Modification Proceedings When Their Spouse Is Addicted to Prescription Drugs
November 22, 2017 / Custody Modification
The angst of litigation keeps couples with children together long after they probably should have divorced or sought custody modification. In most cases, this is legally, socially, and psychologically sound. This blog explores the common situations where one spouse becomes addicted to prescription drugs, but the other tries maintaining the status quo, eventually “hurts” the parent—and often the children—who he/she is trying to protect to keep the family intact. The nightly news relays the war on codeine based drugs and the lawsuits against ...
November 21, 2017 / Criminal Law
Criminal matters are generally thought of in two or three categories: Felonies, Misdemeanors, and Infractions.1 Generally, infractions are offenses that are punishable by a fine but not jail time, such as a speeding or parking ticket. Felonies and misdemeanors are labeled by numbers regarding the level of crime and this letter may indicate the level of punishment assigned to the crime. The most significant issue for a defendant is to wind up with a Felony conviction as this may cause loss ...
Legal Rights and Remedies That Do Not Exist in Indiana Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana. The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards ...
November 16, 2017 / Depositions
One of the key ways to obtain information in litigation is by depositions. In the most common scenario, these are depositions of the parties. Essentially, a court reporter and the attorneys and the litigants meet at one of the attorney’s offices or the office of the court reporter, the witness/party is sworn under oath, and questions are asked by the deposing attorney. There are many aspects of depositions. This blog explores the five common mistakes in answering and the proper ways to answer deposition questions. Personal ...
November 15, 2017 / Divorce
Every year there is a surge in divorce filings from January to March. Why? Most couples, specifically those with children, are reluctant to break up during the closely-spaced holidays of Thanksgiving, Christmas and New Years; particularly, with the office parties and other events that are almost holiday rituals, like Black Friday shopping. After all, there is a whole year to get divorced before a reset of these holidays and hopefully start the next year with a clean slate as a single person. This blog explores seven key ...
Just a few years ago, there were exceedingly narrow ways an Indiana felon could have his or her record cleared up to “remove” the felony. For example, the person who committed a felony years ago and had not been in legal trouble since that time was likely not a felony risk to society and should not have the stigma. Also, felonies—even old felonies—barred many employment opportunities. Contrariwise, some old felonies were awful crimes, such as child molesting or rape and there was no societal, ...