Twenty years ago, domestic mediation was not common in domestic cases. A primary reason is because spouses were bitter and, perhaps, socially divorce was associated with a courtroom battle. Today all of that has changes. The Indiana Supreme Court has allowed trial courts to order domestic litigants to civil mediation before a contested trial—and trial courts have adopted the view and usually require mediation before a trial.
Because mediation is accepted by our society at large, it has a different perception. This is that divorce cases do resolve at ... Read More
20
Aug2015
27
Jun2013
During the course of domestic proceedings, paternity may be at issue. There are, of course, original paternity actions, but paternity may also be at issue for related cases. For example, a third party seeking to modify custody or get a guardianship of a child will need to explore if paternity has been established before filing.
So, who can file a paternity action?
A mother or expectant mother,
a man alleging that he is the ... Read More
08
Nov2011
Child support is often a point of discord among parties: the payor claims he or she cannot afford to pay the presumptive amount computed and determined by the Indiana Child Support Rules and Guidelines (viz-a-vie its Child Support Calculator); the recipient argues that the support does not maintain the children’s lifestyle, as it would have been, if the parties were married or had remained married.
It is not much easier for the bench and bar and litigants on ... Read More
03
Nov2011
At Ciyou & Dixon, P.C., we observe the failure and dissolution of a marriage, particularly those with younger children, is as much an emotional life event as a legal matter. Both parents deeply love their children, and want a post-divorce lifestyle to maximize time with the children and quality of life.
This usually creates significant emotional stressors, which translates into the litigation in a myriad of ways when acknowledged by the litigant-parents: neither parent ... Read More
04
Aug2011
Psychological research evidences divorce has many parallels with losing a loved one to disease or age. At Ciyou & Dixon, P.C., we observe the “perfect” divorce is one that untangles and disconnects the parties from each other completely.
Then the grieving process can begin and, over time, the parties can move on in productive directions, being even better future spouses ... Read More
18
Mar2011
Most parents who are not divorce lawyers often sense when physical custody should be modified. Little bits of information they receive from the kids, teachers, friends tell them this. A parent can help his or her lawyer prepare a modification case and save legal fees by helping answer some key questions to the following checklist.
Try to answers these questions in advance of consulting with your attorney:
How are the children doing in school?
What has changed with the parent(s) and children since the last custody order?
Do the ... Read More