Probably. Divorce is unique in civil suits because the parties likely will continue to know each other (particularly) if they have children and interact into the future. With a divorce if you lose custody, child support is wrong, or the property is not properly divided or completely divided, you need to appeal to protect your future rights. This blog explores why you should consider an appeal in divorce and paternity cases. Where children are involved (divorce or paternity), if child custody is at issue, the parent who does not prevail should consider an appeal if there are viable issues. Just waiting ...
January 15, 2019CD
Sometimes a marriage may last many years, and sometimes divorces do too. Normally, if there is a mistake in the final decree, such as failure to decide an issue or misapplication of the law, the preferred remedy is filing a Motion to Correct Errors or taking an appeal to the Indiana Court of Appeals within thirty days. If you do not, you may be stuck with the problem. Nevertheless, sometimes months or years later a party discovers a major problem with the decree1 or some fraud. What do you do? Well, Indiana’s laws are structured to provide due process and ...
September 6, 2018CD
Marriages fail for many reasons. There are no longer fault-based divorces in America. This means that a spouse no longer has to prove “fault” such as adultery—an affair--to obtain a divorce. This is a different legal concept than “waste”—when a spouse uses assets and monies to support illicit or illegal acts that reduce the amount the trial court has to divide in a divorce. The presumption is an equal division on divorce. This blog post introduces the complex legal analysis that may ensue with marital waste. However, many illicit and illegal acts, such as gambling, may explain why a spouse has ...
November 6, 2017CD
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody statutes. In the past, the “private” in “private investigator” has conjured up sleazy images for attorneys and litigants, evoking the thought of illegal activity. Today, private investigators use state of the art technology matched with honed observational skills and are consummate ...
July 13, 2016Adam Hayes
Many divorce actions are highly contentions because emotions are high and feelings are hurt. When a relationship ends, there are often feelings of abandonment, anger, mistrust, and sadness. Divorce is not only a business / legal proceeding to divide the assets and debts and determine custody of the children; it is a grieving and healing process as well. Often litigants, in attempts to “win” or get their spouse back for the hurt that is caused, will bring personal matters into the arena of the courtroom. Many of these issues, which can be legitimate, will affect a parents’ ability to obtain ...
August 19, 2014CD
In any divorce proceeding the assets and debts must be divided between the respective spouses. Thus, there are three (3) questions to consider: 1) What is the marital estate made of? 2) What does the law say about dividing it? And 3) How do I get my fair share? 1) What is the marital estate made of? In Indiana, the marital estate is all assets and debts owned by either spouse both before and after the marriage. This is called the “marital pot” theory.1 2) What does the law say about dividing it? In Indiana, it is presumed that the marital estate will be ...
June 10, 2014CD
A QDRO (pronounced quadro) is a Qualified Domestic Relations Order. A QDRO is used to divide certain types of financial accounts, such as retirement 401K and IRA. This is necessary because these financial accounts often have restrictions for withdrawing funds, unlike a cash savings account, such as major tax consequences. Remember that when a couple divorces, all of the assets and debts either party owned before or during the marriage must divided equally (there are some exceptions for an unequal division). This includes investment accounts such as brokerage accounts, IRAs, 401Ks, cash, real estate, tangible property (furniture or collectibles), etc. Yes, ...
February 27, 2014CD
When beginning the divorce process, one of the first and most commonly asked questions is how to unwind the property and assets of the marriage and divide them between the two parties. Especially with marriages of longer duration, everything is “ours”, and years of accumulating personal property and assets can be overwhelming when determining division. Indiana state law provides that all marital property goes into one pot and the presumptive division to each party of assets and liabilities is 50%/50%1. But, how do you divide and value years worth of marital property equally? First, personal property can often be divided quicker than ...
January 21, 2014CD
A recent USA Today article focused on the resurgence in marriage after its decline during the economic recession.1 The article reported that there was a 5% decline in marriage rates during the recent recession, coupled with cultural changes about whether and when to marry, with two-thirds (2/3) of first marriages are being proceeded with cohabitation (living together), the projections in the coming years show a temporary boost in weddings. The article stated that “[t]he private company, Demographic Intelligence of Charlottesville, Va. Say the signs are right for a temporary boost in weddings, largely among the better educated and affluent and ...
July 2, 2013CD
One crucial task during a dissolution proceeding is to determine the assets and liabilities for the parties to divide and to determine how same will be divided. The general statutory rule is that the Court will presume the parties shall divide all assets and liabilities equally (50/50)1. The other companion general rule is that a party may not dissipate (hide or spend) assets during the pendency of a dissolution proceeding. If assets are dissipated, this can be used as evidence in Court that the marital assets should not be equally divided. However, how does one party prove that the other is hiding ...
September 6, 2012CD