Divorce attorneys all want to help every client or potential client meet their legal objective, which may range from a certain distribution of assets to specifics of custody. However, unlike most areas of law every seasoned family law attorney or judge will tell you emotion fuels divorce and a litigant often is in the best of time (freedom) and the worst of times (lower economic standard with two households) at the same time. Most litigants want to waive the white or checkered flag and have the divorce behind them. However, a small percentage of cases are “white” hot, meaning the case—maybe your ...
May 14, 2015Adam Hayes
There is an old adage that states “you only get one chance to make a first impression.” Any judge or attorney will tell you the first impression a trial court judges gets of you is important. This is not to say a miscue will cause you to lose. On the other hand, if such is furthered by additional behaviors, it may speak to your credibility, which trial court judges are charged to weigh in deciding the case under the law and burdens of proof. However, all of us have unintended behaviors, mostly non-verbal, we are unaware of at least at any ...
May 13, 2015Adam Hayes
Anger. Heartbreak. Loss. All are words that may be associated with an affair and its impact on a relationship. Divorce lawyers and judges hear such all of the time. Sometimes this is coupled with the desire for revenge by disclosing or using such a correspondent’s name in any legal proceeding Under a relatively unknown Indiana statute, it is unlawful for any person, either as a litigant or attorney, to file or cause to be filed, a pleading or motion in a manner as to identify the participant in an affair. This prohibition applies to a divorce, maintenance, annulment, or custody case. In ...
May 7, 2015Adam Hayes
In matters of the heart, about every domestic attorney has heard a truly sad story about someone breaking up a relationship. In some cases, there may be a legal remedy to address the matter. Novel to mainstream remedies includes defamation lawsuits to seeking a protective order. However, there are limits on statutory and/or common law cases that were once permitted. So what you think may be actionable and result in a court victory may not be so clear after all. There are four civil or criminal acts of yesteryear that are now prohibited. The first is the breach of a promise to ...
May 6, 2015Adam Hayes
At one time, grandparent visitation was a hot topic. Today, however, third parties, who often include grandparents, are raising the children of other parents. At some indeterminate point in time, this third party may have standing to seek a form of custody under a guardianship legal proceeding or de facto custody statutes. A natural parent has the constitutional right to raise his or her child, but the welfare and happiness of the children are ultimately of paramount importance. To overcome a natural parent’s right to custody a third party, there are three major factors1 a party may show, any one of ...
April 23, 2015Adam Hayes
Under the United States Constitution, each person has the right to free travel in and between the states. Where the parties have a child in common and custody is in place (whether by paternity or divorce), this right to still applies. However, under the Paternity and Dissolution Acts, the relocating party must do two things: First, the moving party must provide advance written notice of the intent to relocate 90 days in advance or as soon as possible if the time is shorter. This applies to the custodial and non-custodial parent. Second, the relocation must be made in good faith and for ...
April 22, 2015Adam Hayes
In divorce cases, it sometimes takes a long time for a case to be made ready for trial and a divorce decree entered. For instance, the value of a family business may be in question or the custody of the children. Often times, “discovery” is conducted, which may be a business valuation on a family business or a custody evaluation making recommendations to the trial court about what custody arrangement between the parents is in the children’s best interests. For this reason, the parties are in legal “no-persons land” where each are equally entitled to the custody of the children, use ...
April 21, 2015Adam Hayes
Any seasoned divorce attorney has observed the line between love and hate, passion and rage, and similar contrasts are narrow, contradictory, or even overlapping at times. The very dynamics that drove one person to fall in love with the other and have children can be the source of annoyance or worse upon divorce during custody and parenting time. Custody and parenting time are always subject to the divorce court’s jurisdiction and making an initial custody decision or modification based on what is in the child’s best interests.1 As such, attorneys are frequently presented with questions on how to make a given ...
April 7, 2015Adam Hayes
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 ...
April 2, 2015Adam Hayes
Due to the size of the State of Indiana, Hoosiers are fortunate to have wide access to a pool of quality attorneys, dedicated judiciary, and a stable body of law. That said, the notion of the “family or personal” attorney has largely gone by the wayside with the complexity in law as we wrestle with technology driven world. With this said, there are three key things to think about when you hire an attorney. The first is defining your legal need or objective. This may sound basic, but a car under the “Lemmon Law” may take an attorney who focuses his ...
February 10, 2015CD