Each of us knows a parent who has given up his or her career to raise their children. Most of us know an empty nest couple who were so focused on the kids, they later realized they have nothing in common when the children leave. This is when the “D” word comes up: Divorce. Additionally, most of readers know that in divorce in Indiana, the courts normally divide the marital estate 50/50. Where a parent is far advanced and in a company and earning a great living, it is difficult to imagine how an equal division is fair to the ...
September 11, 2020CD
The prospect of a divorce for a stay-at-home parent can be overwhelming, raising questions like, “How do I get a job because I have lost my skills being out of the workforce for so long?” to “If I obtain physical custody of the children, can I remain in the marital home?” Clearly, divorce will be life-changing for these parents. This blog covers protections and rights of stay-at-home parents in divorce cases. First, and perhaps frightening for the stay-at-home parent, is that there is a presumption of an equal division of property. This includes what you brought into the marriage and acquired ...
June 4, 2020CD
There are many women (and men) who elect to stay home after the birth of their children and be a homemaker. No one doubts this is a full-job, but when divorce strikes it often leaves fear in the stay-at-home parent because he/she had been out of the workforce for so long. This is particularly daunting since Indiana presumes that the parties will divide the marital estate 50/50. There are many potential protections for the spouse who has been out of the workforce for some time. A skilled attorney may use some of these protections to make a just and equitable ...
November 8, 2019CD
In many affluent states who have significantly different divorce laws, the concept of alimony is common. Generally, alimony is a weekly or monthly stipend paid after the divorce to maintain the other spouse’s standard of living if they had not divorced. This is particularly the case where one spouse has not worked and become accustomed to a certain lifestyle. Indiana does not follow this model and “alimony” is not recognized under Indiana’s divorce act. However, there are at least three ways deft trial counsel can assist with this situation at the time of divorce under Indiana law that are discussed ...
August 20, 2019CD
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a friend through the process: jurisdiction, property division, and child custody. The fundamentals of each of these components of a divorce are the ...
July 9, 2019CD
Unfortunately, many marriages in the United States and in Indiana may end in divorce. Usually, it is not a thought in a bride or groom’s mind before their wedding that the marriage will someday end. However, with a relatively high rate of divorce present, and with many individuals re-marrying or getting married for a third or fourth time, more and more individuals are establishing contingencies in case a marriage does not work out. For this reason, some couples choose to enter into pre-marital agreements under Indiana Uniform Premarital Agreement Act (the “Act”) (Ind. Code § 31-11-3-1 et seq.). This blog ...
May 1, 2019CD
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
Legal Rights and Remedies That Do Not Exist in Indiana Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana. The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards in states like California. This remedy is not available ...
November 20, 2017CD
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 this series of blog posts, Ciyou & Dixon, P.C. attorneys explore the legal terms that often arise in divorce cases. To make this series meaningful, and tie it between similar and sometimes very different legal concepts, the letters of the alphabet are used to identify and explain key words and terms. There are seven common words to the divorce process that begin with “A.” The first is “appeal.” A divorce decree and other “final” orders issued by a trial court may be appealed to the Indiana Court of Appeals. With an appeal, three judges review the appealed order, considering the ...
October 27, 2015Adam Hayes