One of the best ways to make the most of a divorce is to try to remove yourself from the emotion and clearly understand what you want, why, and if your legal desires are realistic. Divorce law is complex making this difficult. However, there are three pervasive myths about divorce law that have many litigants confused before they even consult with counsel. They are debunked and the focus of this blog.
The first myth is with property (e.g., stocks, bonds, cash, homes) that a party brought into the marriage. Indiana is a “one-pot ... Read More
24
Jan2019
15
Jan2019
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 ... Read More
15
Nov2018
In a Divorce, Am I Entitled to Half the Value of Property Titled with My Spouse If It Creates an Unequal Division of Assets?
Maybe? This is a common question as many people logically think if the mortgage/deed and title to a car is in both names, half the value belongs to each spouse on divorce. This brings us three closely related legal concepts that were all recently addressed in a key case decided by the Court of Appeals on November 7, 2018. This case and how it answers this question is the ... Read More
27
Sep2018
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
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