Every person has done something in their past they are not proud of. Most people have seen or done things they think only they know, things they will not talk about—to anyone, at any time, for any reason. However, in today’s digital world, particularly with skilled forensic private investigators, almost nothing is truly a secret. So, in the ugly world of divorce, even if you do not think it is probable, certain “skeletons” have a remarkable way of coming out of the closet to negatively define your divorce (or paternity case). Once you have lost your credibility with your judge ...
September 7, 2018CD
The mere idea of filing for divorce is a difficult concept for most people. We all want a happy marriage, and many people stay in marriages in hopes it will get better, out of fear of the unknown in the post-divorce future, or, commonly, for their children. In other cases, people must stay married for basic reasons, such as insurance coverage if he or she has a chronic condition and would lose coverage and be unable to get care and medicine without their spouse’s insurance. These may be valid reasons to stay married. However, in a few cases, the marriage ...
May 9, 2018CD
From time-to-time, we all hear news stories about large weekly or monthly alimony awards provided to a spouse during and following divorce. The point behind alimony is to maintain that spouse and/or children in a lifestyle similar to what they had been living after a divorce is final. However, every state has different divorce laws and policies, including Indiana. This blog covers what you need to know about “alimony” at and after a divorce in Indiana. As an initial matter, you should know that Indiana does not have “alimony” as you might envision the concept from what is sometimes heard on ...
December 28, 2017CD
In today’s digital world with global work and play, people from different cultures, backgrounds, and ages marry. In many cases, there are significant differences in net worth, age, and business ownership. For this reason, some couples choose to enter into pre-marital agreements under Indiana’s Uniform Pre-Marital Act. A prenuptial is a document or series of documents, that specifies what a divorce court is to do in divorcing the parties in a divorce filing when separating their assets and liabilities. This blog addresses legal issues you should understand if you contemplate entering into a pre-marital agreement. The first and most important concept to ...
December 8, 2017CD
Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance. Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3) years when a spouse needs extra support while obtaining employment-related education or training. There are four (4) considerations the trial court considers in making such an award: The educational level of each spouse at the time of marriage and at the time ...
October 31, 2017CD
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 key dynamic controls how the case will unfold: emotional, financial and/or legal. In most ...
April 20, 2016Adam Hayes
Strictly speaking, Indiana is not an alimony state. The term used in legal terms is “maintenance.” Understanding these will help you be a more informed citizen and help your lawyer ask for temporary orders and a final divorce in a way that best meets your needs and is just and equitable. The first type of maintenance is that the court can award during the pendency of a divorce proceeding when the case is undeveloped for what is fair ultimately order; temporary maintenance for household expenses is very vast and may be modified where necessary before a divorce. Temporary maintenance may even ...
November 11, 2015Adam Hayes
In any custody case, either divorce or paternity, where there are minor children, generally the non-custodial parent is ordered to pay a weekly child support amount (there may be some rare circumstances where the custodial parent pays, or no child support is ordered). However, what happens after the court order is issued, and the parent obligated to pay STILL does not pay? These are 5 common tools used to collect child support. 1. Contempt. File a contempt action for non-payment. This often results in a court order to pay extra each week towards the arrearage, and some other sanctions, as the court ...
August 14, 2014CD
In Indiana, there is no statute or provision for “alimony”. Whereas in other states, a spouse may receive alimony payments after a divorce or legal separation as a type of allowance for support or to maintain a lifestyle, Indiana does not recognize this. However, there are some limited circumstances where a former spouse may be awarded money due to certain conditions/circumstances. In Indiana, this is called spousal maintenance1. Spousal maintenance can be awarded as a preliminary matter, while the divorce is pending. This often occurs when one party is not working, or is living in the marital residence with all of ...
May 15, 2014CD
In a divorce matter, child support and custody are often two (2) of the major issues being litigated or negotiated. However, while less common, determining spousal maintenance after the final decree is another common issue to be dealt with through the divorce proceedings. As discussed in previous blog posts, there is no “alimony” in Indiana. However, there is spousal maintenance, which provides for one spouse to pay support to the other in limited circumstances. Those circumstances are 1) if the spouse is mentally or physically incapacitated, or partially incapacitated, such that they cannot support themselves, 2) if the spouse is caring ...
December 20, 2012CD