Divorce cases take up most of the time on Indiana’s trial court’s calendars. They are messy and sometimes take up multiple days of trial court time (i.e., two hours here, a half day there, and an hour to wrap up, even without the traditional opening and closing). The reason for this is there is no real way for a judge or attorneys to gauge how long divorce hearing will take. A given question may open up new assets or liabilities or the perception of parties or witnesses may be stilted taking even more time to sort out by cross-examination, additional questions, ...
January 29, 2015CD
When one spouse files for divorce, there is a lot that needs to happen quickly, and a lot that cannot happen. Sometimes a Husband and Wife talk before divorce is filed, and determine how they will divide custody and parenting time, who will stay in the marital residence, and who will continue to drive what cars, and who will pay the bills. But sometimes, divorce comes as a surprise or one spouse is angry and does not want to compromise. In Indiana, there is a 60 day waiting period from the date divorce is filed with the courts, to the soonest ...
September 5, 2013CD
In family law or other civil matters, settlement before trial is often an option. Mediation is one means of achieving settlement before a matter goes to Court. Generally, in mediation, the parties and their attorneys meet with a neutral third party mediator who has general information as to the background of the case and acts as a go-between to negotiate between the parties to reach a settlement. If mediation is successful and the parties reach an agreement on all pending matters, the agreement may be ordered by the Court without the need for a hearing. Below, find three (3) tips for ...
August 27, 2013CD
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
Often, divorce and other civil cases that are filed do not make it all the way to trial and the courtroom. In many, in fact a majority of, cases settle before the final hearing. This may be accomplished by mediation, settlement agreements, or reconciliation-to name a few. However, when a case does go to trial, there are several variables, including whether your case will be heard by a jury (not domestic cases) or by a judge, whether the trial will last one day or several days, how many witnesses will be called and so on. A great number of variables that ...
October 11, 2012CD