Filing for divorce is hard. It’s an emotionally draining time for everyone involved. And as such, it is a decision that should not be made hastily. But, if you find yourself in a situation where you feel divorce is inevitable, you may be wondering, when is the best time of the year to file? While there is no advantage, legally speaking, to filing in one month as compared to another, there are several benefits to filing for your divorce at the start of the ... Read More
06
Dec2019
06
Dec2019
The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide a brief overview of the two mechanisms for obtaining appellate attorney’s fees in a divorce case, ... Read More
05
Dec2019
It is safe to say that most adults use some form, if not many, of social media. It keeps friends and family informed, helps with networking for business, and is entertainment at your fingertips. This is all great, but when you are going through a divorce, you may wonder what your social media activity can affect. It is also possible that you wonder what the information you gain from your ex-spouse’s social media can affect. In this blog, ... Read More
26
Nov2019
In a paternity or divorce case where custody is in dispute, it is not uncommon for the parents to have differing opinions and/or negative opinions of one another. It is inappropriate for these feelings and opinions to be expressed to, in front of, or around the child or children. This is something that a majority of parents are aware of and try to constrain because they are aware it is hurtful and harmful to the children. However, in some instances, these negative and toxic ... Read More
20
Nov2019
Almost everyone has seen a television drama that depicts a contentious divorce, and at some point, the judge is called into question. This is not limited to good television drama, real people in divorce often wonder if they are bound to the judge they are assigned. They may also wonder if they can change the venue to a different, thus resulting in a new judge. The other question that comes up from people divorcing is if they have ... Read More
15
Nov2019
Children thrive on stability and consistency. Statistics back up a host of problems associated with upheaval in children’s lives, from acting out to trouble in school. Divorce is a significant destabilizing factor in children’s lives, even though it may ultimately be beneficial if the marriage itself is toxic to the children. In this blog, we provide some tips to help you make this transition easier for the children.
Perhaps most common approach for parents is to jointly tell their children are divorcing ... Read More
15
Nov2019
In most divorce and post-decree custody cases, Indiana trial courts have local rules requiring the parties to attend mediation before a hearing/trial. While the court can waive this requirement, it is constitutional to mandate the parties go to mediation before trial.1 Statistically speaking, a significant majority of domestic cases settle at mediation. However, to make the most of your mediation, there are three keys to ensuring you enter mediation prepared for a complete resolution; they are analyzed in this blog post.
The first ... Read More
15
Nov2019
This blog is written for divorced parents or parents of children in a paternity action that are about to turn 19 years of age. Although minor children are considered to be adults when they turn 18 years of age, there are still parental financial obligations for children of divorce or paternity cases. In the state of Indiana that continues until 19 years of age and possibly beyond. The statutes in Indiana require that a parent must file before the ... Read More
14
Nov2019
It is not uncommon to feel unsure or uneasy about taking the step to explore a divorce. In society today, it has become common. Yet, it is still one of the biggest decisions in life to make and often significantly impacts more than the litigants, particularly their children. There are often feelings of guilt or unease as well as doubt and feeling like one may be “throwing in the towel” too soon or simply not trying hard enough. Some of this may be true ... Read More
08
Nov2019
There are many women (and men) who elect to stay home after the birth of their children and be a homemaker. No one doubts this is a full-job, but when divorce strikes it often leaves fear in the stay-at-home parent because he/she had been out of the workforce for so long. This is particularly daunting since Indiana presumes that the parties will divide the marital estate 50/50. There are many potential protections for the spouse who has been out of the workforce for some time. ... Read More