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 ... Read More
06
Jul2020
24
Jun2020
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) ... Read More
04
Jun2020
Most seasoned family law attorneys have consulted with divorced parties who learn after the divorce, that a spouse did not disclose assets. These potential clients want to know what, if any remedy, they have in pursuing their share of that asset. The threshold issue is to determine from a cost-benefit analysis if the fight is worth your percentage of the non-disclosed asset. If the account or asset is only worth a few hundred or thousand dollars, ... Read More
20
Mar2020
Divorce brings uncertainty for parents and children. Normally, at least one parent will be moving out of the marital house and/or it may be sold because without both parties’ incomes the mortgage may be unsustainable. That said, one of the most important factors in raising well-rounded children is having stability. Certainly, moving houses (and maybe schools or districts) seriously impacts stability. In this blog, we analyze the legal aspects of keeping the children in the family home at ... Read More
31
Jan2020
Divorce sometimes presents unique problems for high-income earning and high net-worth litigants. These problems are diverse and present in ways ranging from making private information public through the divorce process to valuing businesses and unique assets. In this blog post, we cover three keys such litigants need to know to navigate the divorce process and flourish after the divorce is final.
The first consideration in most high net worth cases is valuations. These may range from valuing businesses to unique assets like artwork. ... Read More
21
Jan2020
Going through a divorce is hard. It is a stressful and emotional time for many. On top of this, divorce can also create complex financial issues. Financial issues tend to arise because people oftentimes forget to ask themselves the necessary questions to ensure financial stability after your divorce has finalized. This blog provides five questions every divorcee should ask themselves before they file for divorce.
Do I Have Health Insurance? One of the biggest financial concerns at divorce time is health insurance. Maybe ... Read More
17
Jan2020
The most helpful divorce litigant is one who understands the divorce process for the issues in their case (such as disputed custody or division of high assets marital estates). In this blog we will survey some of the key considerations a judge will typically utilize in dividing up high asset estates; generally, these are net marital estates that surpass one million dollars in net worth (after the liabilities are deducted).
The place to start in understanding how judges look at property division is with the presumptions ... Read More
16
Jan2020
Upon divorce, your investment accounts, whether it be a common stock portfolio, retirement account, or pension, is a property that is subject to division upon divorce. That leads many to ask the question of whether they will have to sell the investment account in order to divide it upon divorce? This blog provides a brief overview of how investment accounts are handled upon divorce and provide an answer to the question of whether you are required to sell such investments.
In Indiana, ... 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
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