Throughout the last several years, the concept of parenting coordination has been catching on in Indiana. Effectively, Parenting Coordinators (known as “PCs” in high conflict matters) help parties resolve disputes in real time so children do not miss events or time with the other parent. The only other viable option before parenting coordination was a contempt petition or other legal filing in court, which was heard after the fact.
As of January 1, 2017, the Indiana Supreme Court officially recognized Parenting Coordination; it approved rules regarding ... Read More
22
Sep2017
07
Sep2017
Once the divorce process is initiated, often times understandably, the parties want to be finished with the process, and each other and move on in life, as quickly as possible. Divorce attorneys sometimes hear the party request a speedy trial. The “Speedy Trial” rule applies to criminal cases. Ultimately, there are several variables that affect how long it takes for the divorce process to be finalized.
Below are three (3) key reasons your divorce may require some patience that is required ... Read More
06
Sep2017
Most civil cases resolve before court; however, a small percentage go to trial. A first and good impression goes a long way toward building a rapport with the judge. A person who acts like court is a burden to attend and dresses casually--like going to the beach--makes less than a good impression.
This blog addresses five key things to do and not to do in court and includes tips from recent observations in our recent trials.
First, normal emotion is expected. However, scoffing at ... Read More
17
Aug2017
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge.
While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a ... Read More
02
Aug2017
In an important case decided today by the Indiana Court of Appeals,1 it carefully delineated for attorneys and litigants when and what are the differences between child support and educational expenses and extraordinary educational expenses. Critically, it drew the line where expenses are not related educational expenses.
Generally, divorced parents or those with children born outside of marriage believe their financial duties to children end when they turn 18; but this is not the case if the child has the ... Read More
29
Jun2017
Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal suits and those of your friends and family. This blog says in one place at one time the “unsaid” of what is known to and a ... Read More
27
Jun2017
Most litigants speak of custody loosely today and take it to mean who has the children, with the other parent getting Indiana Parenting Time Guideline time with the children and paying child support. In other blogs, we have posted materials to differentiate physical custody from legal custody and parenting time.
This blog focuses solely on legal custody as more and more parents have differing life views that come into sharp focus and dispute during marriage and paternity cases—and today marriage and having a child is not ... Read More
22
Jun2017
In civil litigation, the trial and any appeals are one-and-done. This means that except for extraordinary circumstances, such as later trying to re-open the case,1 a civil case later brought on the same issues or matter cannot be re-litigated under legal doctrines known as res judicata and/or collateral estoppel.2 This blog post addresses child custody and related matters, such as support, that can always be re-litigated and why an appeal of an unfavorable judgment may be still vital.
As noted, ... Read More
20
Jun2017
In divorce and paternity cases, the term “custody” has a number of different meanings. If you are contemplating divorce or in the process, understanding this term is key. If you are divorced or paternity is established, you might think you understand the “custody” terms you agreed to in reaching an agreement or as ordered by the court; but if you and the other parent don’t have a meeting of the minds on the meaning of custody connected with your “custody” order, it will cause conflict ... Read More
13
Jun2017
The point of divorce is to divide and financially separate each party from the other—completely if there are no children; children are subject to the continuing jurisdiction of the court until emancipated or through college. This blog covers the complexities of situations where the parties have a parcel of real property in another state or country, addressing the question: Can a trial court divide this real property, and if so, how is the judgment enforced?
Indiana follows the one pot ... Read More