Under the Divorce Act, the Legislature has expressly encouraged divorcing parties to reach agreements to divide their property. Most of the time, a divorce court will accept most any property (real property, like land and the marital home, and personal property, like furniture and pots and pans) agreement. In fact, the parties are free to enter a property division that the court could not order or would abuse its discretion in doing so.1 However, there are three critical mistakes that some parties make in settling their property that may be impossible or ... Read More
27
Sep2018
06
Sep2018
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 ... Read More
29
Aug2018
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision? You are not happy with the result. Maybe you feel the property division was unfair, or maybe you did not get joint custody. Whether you disagree with one provision or several, you have a right to appeal your divorce ... Read More
13
Jun2018
Not long ago the trend was filing for divorce mid-winter and in early spring. However, in our ever-changing mobile society, everything is different. The same appears to be true for divorce. Working from home and/or blended school calendars may be a few factors that account for shifting trends of when divorce is filed. This blog explores key reasons why filing divorce in the summer may be a prudent consideration for some couples when it was not a norm or even considered in ... Read More
15
May2018
Life is messy. Divorce really is messy and emotional; this plays out in the courtroom. Trial court judges often face the presentation of evidence in final hearings that is disorganized and ranges from notes and texts to emails and photos. With highly contested divorces, there may be multiple days of hearings over many months or even years. Mostly, for this reason, there are three common mistakes that occur in final decrees that make for strong appeals. This blog covers these three issues for ... Read More
03
Apr2018
Three Ways to Protect “Loans” From Family and Friends in Divorce Proceedings
How can I protect money my parents or friends loaned me (actually “us” legally speaking) from being divided with my spouse in the divorce?
A common scenario that unfolds in a divorce is a claim by the husband or wife that certain money in the marital estate and asset was loaned the divorcing couple and should be repaid. In most cases, there is not a perfected loan (document) recognized under Indiana ... Read More
31
Jan2018
This blog discusses the considerations in the division of a farm as part of the marital estate and how same may be valued in a dissolution proceeding. A farm that as part of the marital estate creates unique issues in a dissolution of marriage, and the potential for argument over the ultimate division of the farm property, which the firm has handled at the trial court level and on appeal to higher courts.
In determining the division of farm property, some consideration must be given ... Read More
08
Jan2018
In some divorces, there is “foreign” real estate within the total marital estate1. Typically, this falls into one of three categories: (1) a timeshare or some other similar factional ownership; (2) a home or property sited in another state; or (3) a home or property located in another country. Under the Indiana Divorce Act—Indiana’s body of law that guides judges in divorce proceedings—all such real property is subject to the jurisdiction of the divorce court and must be divided. This blog covers the unique legal concepts and issues ... Read More
06
Nov2017
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 ... Read More
03
Nov2017
The Use of Forensic Accountants and Private Investigators to Find Hidden Assets in Divorce
In Indiana when you file for divorce, there is a rebuttable presumption that the Court is to divide the marital estate or assets 50/50. Sometimes there are allegations that a party has hidden monies and other assets of the marriage that has to be divided. There is a rule that the division of the marital estate cannot exceed its entire value.1
This means that if the total value of the ... Read More