Anyone who has ever been through a divorce will tell you it is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. However, much of this stress can be relieved by being informed of the divorce process and preparing for what’s ahead. In this blog, we provide you with four tips for divorce litigants in 2021. Set Realistic Expectations. In Indiana, marital property consists of all property owned by either spouse. Generally speaking, it does not matter if the property was acquired before or after the marriage, nor does it ...
January 15, 2021CD
Small business fuels more employment in the United States than larger corporations and businesses. It is often the case one spouse works for a company to obtain benefits like health insurance, allowing the other spouse to start and run a small business—a part of the American dream. When a divorce is filed, the parties are often left with determining what makes up the small business’ value, as all marital assets acquired or brought into the marriage and existing at the time of filing are marital assets subject to a fifty-fifty division. This blog covers the basics of how and what ...
December 18, 2020CD
Appeals from divorce cases, or post-decree custody matters, constitute a large number of cases taken to the Indiana Court of Appeals. By the time a divorce trial is over (or subsequent child custody modification case), many people are drained emotionally and have spent a lot of money to litigate a divorce or modification action. However, the losing party (or both parties) can appeal. For most people, the mere thought of having to retain new appellate counsel to address an appeal is an unpleasant thought at best. Since there is no requirement to file an appellee’s brief, the question we often ...
October 22, 2020CD
Yes, although that may seem odd. Most of us have signed a contract pretty early in life, such as for a first apartment or car. However, the concept may seem disconnected to marriage and divorce (certainly parties will sign a mortgage or have a credit card that is governed by the terms of the contract, but this has nothing to do specifically with getting married or divorce). That said, contracts play an increasingly important role in getting married and divorced. This blog provides you with the basics of marriage1 and divorce2 contracts. In anticipation of marriage, the parties may enter into ...
October 15, 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
For many couples, divorce is a long, arduous journey. Finally getting the divorce decree marks the end of the road for a broken relationship and opens the door to a world of new possibilities. That said, the actual divorce decree may still leave many legal details to be attended to or a party is placed in substantial risk in the weeks, months, and even years to come. This blog looks at five mistake that are commonly made when a divorce decree is entered—don’t let this be your case. Designation of Beneficiary Status: A designation of a beneficiary is a person named ...
September 23, 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
After one party files for divorce, what happens next? By statute, sixty (60) days must pass before the court can enter a divorce decree. A divorce is often a complex financial transaction separating the parties’ assets and an emotional one involving child custody and support. Most divorces take at least a few months to finalize. During this time, many parties cannot agree on who will live in the marital residence, how they will share the children, what car each will drive and who will pay what bills. In these cases, typically one party will move the court to set a ...
August 27, 2020CD