A significant number appeals taken to the Indiana Court of Appeals stem from paternity and divorce cases. In most cases, the appeal involves some form of disagreement regarding child custody orders issued by the trial court. This blog explores the three most common types of appeals, what you need to know to make an informed choice to appeal, and what kinds of issues are stronger for a “win” on appeal.1
The first type of appeal is the original ... Read More
18
Apr2018
05
Apr2018
A prenuptial agreement is nothing more than a contract that specifies how certain matters will be handled and decided if the parties’ marriage later fails (or a spouse dies). The most common scenario where prenups are used occurs when one spouse has significantly more assets. The prenup typically protects these assets brought into the marriage from being divided with the other spouse in the event of a divorce (or death). These agreements are allowed under by statute in Indiana and are ... Read More
03
Apr2018
Three Ways to Protect “Loans” From Family and Friends in Divorce Proceedings
How can I protect money my parents or friends loaned me (actually “us” legally speaking) from being divided with my spouse in the divorce?
A common scenario that unfolds in a divorce is a claim by the husband or wife that certain money in the marital estate and asset was loaned the divorcing couple and should be repaid. In most cases, there is not a perfected loan (document) recognized under Indiana ... Read More
22
Mar2018
In child custody proceedings, Indiana trial court judges award or modify custody by considering all1 of the evidence in order to determine a custody arrangement in the child’s best interests. There are several statutory considerations for the court to weigh, including the physical and mental health of the parents, as well as any other facts or circumstances that may factor into a child’s best interests as it relates to custody.2 For years, “soft” drug use, such as smoking marijuana, has been considered in awarding ... Read More
13
Mar2018
Divorce is often the best of times and the worst of times - all at the same time. The decision to move on in life from a worn-out relationship is hard-to-impossible to make, particularly where there are children involved. The “unknowns” and “uncertainty” are what hold many people back. On the other hand, life is short and taking steps to move to a new future when a marriage cannot be repaired is at the same time, liberating to exciting for many litigants. This blog post provides three ... Read More
05
Mar2018
Have You Been Contacted by CPS or the Police for "Alleged" Child Abuse or Molestation? Consider These Three Key Points You Need To “Know” And What “To Do” (Or Not Do).
There is a somewhat shared knowledge in our society that some children in ordinary—to—high-risk families are physically or sexually abused. Statistics are hard to come by but generally indicate, on average, that one in four children is subject to physical or sexual abuse, not factoring in the significant problem of human ... Read More
01
Mar2018
In divorce or paternity cases, custody evaluations are common. They are provided for in the paternity and divorce statutes, as well as local court rules and discovery rules. A trial court judge has the inherent discretion and power to order a custody evaluation. In simple terms, a custody evaluation is nothing more than a trained professional interviewing the adults and children and reviewing materials they provide to make a written report to the trial court of what is in the children’s best ... Read More
19
Feb2018
In many homes across America today, a grandparent (or third party) is the one raising a child or children of the biological parents. This may be for many reasons; typically, it is due to the instability of a parent, physical or mental health issues, drug use, incarceration of a parent or a pure lack of the ability and/or desire of a biological parent, well, to parent. This blog addresses what happens when a grandparent (or third party) becomes a bonded caregiver for ... Read More
08
Feb2018
Depositions are a way of gathering information about a case that actually involves your active participation with the attorneys. Most other forms of discovery are just through mail or electronic without both (or several) attorneys or a court reporter (who takes the deposition). A deposition is unique in nature because it allows questions to be asked of you and questions on responses that you cannot prepare for in advance.
This blog covers five things you should know before you are deposed. Having this information in ... Read More
31
Jan2018
This blog discusses the considerations in the division of a farm as part of the marital estate and how same may be valued in a dissolution proceeding. A farm that as part of the marital estate creates unique issues in a dissolution of marriage, and the potential for argument over the ultimate division of the farm property, which the firm has handled at the trial court level and on appeal to higher courts.
In determining the division of farm property, some consideration must be given ... Read More