The first thought of a divorce is a hard one for most people. All thoughts rapidly turn to “what if” based on uncertainty. However, most everyone has a friend, associate or ex-spouse that provides some foundation for information getting the basic divorce “to do” list complete: who will get the kids and on what schedule, which car do I want, who will be “his” or “her” friends after the legal matter is a distant memory.
However, with a marriage of any duration, there are many complex considerations associated with untangling any complex “business” transaction. Today, three common, but often forgotten or ... Read More
Tag: assets and liabilities
02
Apr2015
12
Jul2012
What Is It? What Is Included? How Is It Divided Up?
In Indiana, what property, assets, and liabilities the trial court is to divide is commonly referred to as the “marital pot”. In essence, everything the divorcing parties have is poured into a “pot” and the court divides this in a just and equitable manner.
Specifically, a central determination to be made during settlement of a case, or by a trial court after trial of the matter, is how the marital estate or marital property is to be divided. An important concept to understand is that the marital pot includes assets and ... Read More
01
Nov2011
At Ciyou & Dixon, P.C., we observe three (3) fundamental misunderstandings many divorce litigants share about trials. Understanding these myths or exceptions should empower you to anticipate them and not get misguided and more frustrated than you already may be about a divorce. We hope this helps you in some small way as you educate yourself about divorce.
You Probably Won’t Get a Decision that Day.
A widespread, but nevertheless incorrect, view is the parties will leave a divorce trial divorced and the issues decided–case closed. In cases that have been pending a long time, some for two or more years, a ... Read More
18
May2011
"How are unvested stock options, unvested retirement benefits, or a potential inheritance treated by divorce courts?"
They are not. Indiana’s one-pot theory pulls all assets and liabilities brought into the marriage or acquired during the marriage but before the filing of a divorce into the “pot” or marital estate for division.
This gives judges wide discretion to apportion it and reach a just and reasonable division of the marital estate. At Ciyou & Dixon, P.C., however, we observe this sweeping definition of and reach to marital assets sometimes creates a false sense of security or expectation.
If a stock or pension is not ... Read More
05
Apr2011
Ciyou & Dixon, P.C. attorneys sometimes receive questions like this. This aspect of a divorce carries at least four different meanings, one of which is viewed as a taboo topic.
The first is simply what a spouse contemplates and does just before meeting with a divorce attorney (or after) to facilitate the process. This is a common conversation that Ciyou & Dixon, P.C. attorneys have with clients: “Please bring us the following documents: your last three years’ tax returns, last six pay stubs, a completed financial declaration, a copy of your most recent statements on any financial account . . . ... Read More