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
For most couples, they marry, maybe buy a house, get a pet, and have children. As they do these things together, they slowly intermix financials, friends, pets, and how they apportion the work and rearing of the children. Almost no one thinks when they marry, they will divorce. For this reason, divorce is a complex, legal transaction that often leaves one spouse unprepared financially or emotionally. When a marriage is breaking down, a wise spouse prepares in advance to minimize being left without access to their children, a car to drive to work, and money to access to live upon. ...
August 3, 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
Divorces can be complex matters, often times involving extensive discovery.1 One key to obtain information in divorces is by depositions. Depositions are unique in that they require you to actively participate with the attorneys. Depositions require a large amount of involvement on the part of the client, it is important to have a basic understanding of depositions and what to expect. In this blog, we provide five tips for a deposition in your divorce case. Tell the Truth. While it may seem like a cliché, the first tip for a divorce litigant going into a deposition is to tell the truth. To ...
July 29, 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