The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide a brief overview of the two mechanisms for obtaining appellate attorney’s fees in a divorce case, and when to use one over the other. Indiana Code 31-15-10-1 provides that a trial court may order a party to pay a reasonable amount ...
Tag: appellate courts
December 6, 2019CD
A key right ensured to every litigant in Indiana’s trial courts is the ability to appeal adverse decisions to the Indiana Court of Appeals or Indiana Supreme Court. This process is not as familiar to the public at large as trial court matters, as there simply are not many appeals from the thousands upon thousands of cases filed in Indiana trial courts each year. A common question an individual (person or business entity) filing an appeal raises is the costs to budget for it. They are fairly standard. First, are the legal fees associated with researching and writing the appeal. This ...
July 30, 2015Adam Hayes
The appellate process can often seem elusive and might be considered by some to be “behind closed doors” because often, the appellate parties rarely appear before the Court of Appeals, and receive only a written opinion following their written briefs submitted to the higher appellate courts. The appeals court process in different from the trial court process in several ways. The deadlines are different (and strict), the decision makers are different, and even the means of arguing is different. In appellate cases, a party wishing to appeal has only thirty (30) days to appeal a final order (there are generally different ...
April 23, 2013CD
The changing tides of “family” have extended the definition of the “conventional family” or “nuclear family”. Many of these shifts have been social in nature, such as adult children living with their parents. In this blog post, we address a legal reason for a change in what constitutes a “family”, based on advances in technology that have created different scenarios for Indiana trial and appellate courts to review regarding who is a child of a “family”. For example, a child who is adopted by a couple is legally the child of that marriage, despite the fact there is no genetic tie with ...
January 24, 2013CD
How Missteps Can Cost You Your Case Appeals are difficult and time consuming for both clients and attorneys–and the Indiana appellate courts who decide them in a very efficient manner (the Indiana Court of Appeals is one of the fastest appellate courts in the United States). Clients with a final order from the lower court looking for a reconsideration by an alleged error of fact and/or law sometimes appeal. However, the appellate process is much more rigid and rule-driven than the trial court process, which is inherently disjointed because the problems of life are messy and Indiana’s trial courts get these cases ...
May 3, 2012CD
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main topics addressed in the new statute is education. There is a specific exception for educational expenses to be allowed to continue–after age 19-- by order ...
May 1, 2012CD