We receive questions all the time from clients and prospective clients regarding how the court will divide their inheritance in a divorce. Unfortunately, there is no quick and straightforward answer to that question. The division of property in Indiana depends greatly on the facts and circumstances of each case. However, there are some uniform concepts and rules that will help give you an idea of how the trial court will treat your inheritance during divorce. In this blog, we provide a brief overview of how property is divided in Indiana, and how you may be able to keep your inheritance ...
October 1, 2020CD
In today’s world, it is somewhat common to have monies provided to newlyweds by their parents to assist with the purchase of a home, car, rent or for other expenses, particularly when grandchildren come along. Ultimately, if the parties divorce, can a creditor parent recover this money? What is the burden of proof? What does a creditor parent need to do? What protections are there in the law for a creditor parent? While they obvious answer may seem like “yes”, a creditor parent gets his/her money back, that is often not the case. This blog explores how a creditor parent ...
September 25, 2020CD
Each of us knows a parent who has given up his or her career to raise their children. Most of us know an empty nest couple who were so focused on the kids, they later realized they have nothing in common when the children leave. This is when the “D” word comes up: Divorce. Additionally, most of readers know that in divorce in Indiana, the courts normally divide the marital estate 50/50. Where a parent is far advanced and in a company and earning a great living, it is difficult to imagine how an equal division is fair to the ...
September 11, 2020CD
There are many times couples physically separate but continue to stay married. There are a variety of reasons this occurs. For instance, maybe one spouse has a chronic medical condition and would lose health care coverage he or she has under the other spouse’s group medical plan upon divorce. However, in most cases, there comes a time when a party who has been separated for a time from their spouse wants a divorce to move on (perhaps with a new romantic interest). This raises a profound question. What is in the marital pot for the court to divide? Is it ...
September 10, 2020CD
With divorce on the rise due to the COVID-19 virus and spouses being stuck at home with each other, many have learned aspects of their marriage they never knew before—such as a partner’s drinking problem, on-line gambling habit, or shopping addiction. Most lawyers have had such cases where such addictions, drugs in particular, have literally bankrupted the parties. The question is, what type of relief is there for the innocent spouse to recover wasted and squandered marital assets? This is called “marital dissipation” in legal terms. This blog covers what you need to know if you are in this situation ...
September 3, 2020CD
Although not a frequent topic of discussion, the Midwest of the United States supplies a significant amount of the world’s grain. There is also a significant amount of livestock raised in the Midwest. The farm divorce (crops or livestock) is no stranger to Indiana’s domestic attorneys and judges. When the farm divorce happens, it triggers unique considerations for the farmer and his or her spouse. This blog covers what you need to know about a farm divorce. In Indiana, we follow the one-pot theory of division of the marital assets. This means that everything acquired before marriage brought into the marriage ...
August 20, 2020CD
In today’s mobile society, it is common for parties to have a second home in another state or country. Many people who are divorcing think this is outside the Indiana divorce court’s jurisdiction because it is not within the state. That is not the case, although it does create several problems for litigants and their attorneys. All marital property brought into the marriage, acquired during the marriage to the date of filing, is marital property for the trial court to divide.1 This blog covers the basics of how homes and other real property located in other places are addressed in ...
July 30, 2020CD
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce them. But what happens if the settlement agreement was improper or was based on something like fraud? Is there ever any instance in which a court can modify an agreement? The Court of Appeals recently addressed such questions in their ...
July 23, 2020CD
A lot of mystery seems to surround the division of assets when parties file for divorce and call the end to the marriage. Numerous questions arise. Do I get to keep family heirlooms I brought into the marriage? Does my spouse get a part of my 401(k) as he or she has her own? If our marriage has only lasted a few years, and I brought most of the assets into the marriage, do I get to keep them? This blog answers these questions generally by discussing Indiana’s one-pot theory and the presumption of an equal division of assets.1 Perhaps the ...
July 6, 2020CD
In Indiana, assets acquired by either party before the marriage and brought into the marriage, acquired during the marriage and up to the date of filing, are considered marital property subject to the court’s division. Furthermore, the presumption for a just and equitable division is a 50/50 division, although the trial court has vast discretion to deviate for any fair reason.1 Where worker’s comp awards of personal injury settlements (particularly structured settlements) come into play, they generate a lot of confusion and acrimony between the parties. This blog generally surveys the legal landscape and covers what you may do with ...
June 24, 2020CD