The point of divorce is to divide and financially separate each party from the other—completely if there are no children; children are subject to the continuing jurisdiction of the court until emancipated or through college. This blog covers the complexities of situations where the parties have a parcel of real property in another state or country, addressing the question: Can a trial court divide this real property, and if so, how is the judgment enforced?
Indiana follows the one pot ... Read More
13
Jun2017
06
Mar2017
Fortunately, Indiana has a strong and growing economy with little debt. For this reason, along with its central location, many marital estates are in excess of one million dollars. Divorcing parties in this situation are fortunate in that they likely have enough money to properly account for the basic cost of a divorce which is a complex legal transaction (including tax issues, determining finances through a financial declaration, attending a parenting class, and valuing and dividing assets that were often not contemplated to ... Read More
11
Jan2017
While most domestic cases resolve before trial, those that are tried generally involve unique legal issues, or more commonly, extremely contentious issues such as child custody, amount of parenting time or child support (the two are linked), or serious issues about valuation of assets. Indiana judges get a “hot record”, meaning they are given great deference in judging the witness’s credibility. This blog covers four ways to “torpedo” your case by being a witness that lacks credibility.
The first is ... Read More
10
Jan2017
In Indiana, there are two higher courts a party may seek an appeal from any final trial court order. There is an appeal as a matter of legal right to the Indiana Court of Appeals. A party dissatisfied with a decision of the Indiana Court of Appeals may seek discretionary transfer to the Indiana Supreme Court. This blog covers the five most common types of appeals taken to the Indiana Court of Appeals from final orders in domestic cases (i.e., paternity, ... Read More
22
Nov2016
Time shares and boats bring many families a great amount of joy during the marriage. However, they sometimes bring back the memory of a divorced or failed relationship and most litigants do not want the timeshare. Upon divorce, time shares are often a great deal of contention in the property settlement because in most locations, they are slow to sell and have on-going dues associated with them. Typically, neither party wants the time share. This blog addresses three (of the other) ways to address time ... Read More
13
Jul2016
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 ... Read More
20
Apr2016
What They Are and Why They Matter to You
Everyone that has been divorced, ended a relationship, or has had any contact with a divorcing person knows divorces are difficult to impossible for several reasons. At the most basic level, a divorce reflects love and hate and conflict and uncertainty for the future.
This blog post explores the most common dynamics in divorce so you can identify it and be aware of such in your divorce or that of a friend, family member or for general educational purposes. The ... Read More
06
Apr2016
Under Indiana law, a trial court starts dividing the marital estate with the presumption of an equal division. There are numerous reasons for the court to deviate and award the other spouse more if it is fair (equitable in legal parlance). A category that is often overlooked is “dissipation” of marital assets, which means the illicit or illegal acts of a party has reduced the amount of the estate available to divide.
This blog looks at three common types of dissipation of marital assets. The first ... Read More
09
Mar2016
In Indiana, there is a 60 day cooling off period for divorce. This sometimes creates the assumption of litigants who want a divorce that it will be completed in that time frame. In almost all cases, that will not occur. This blog explores the four major components that have to occur before obtaining a divorce so you better understand the process.
Many times, the parties think about a divorce but do not file or reconcile or go into counseling after filing ... Read More
23
Feb2016
In Indiana, all marital assets, except as otherwise excluded by law, are part of the marital estate a trial court can divide upon divorce. There is a presumption of an equal division (assets – liabilities). However, with certain professionals, this division is complex because of the complexity of what they do. This blog explores these concerns and some resolutions.
Perhaps, and first, with professionals who own a business or are involved in a practice (medical, dental, law). The value of business in terms of what ... Read More