A prenuptial agreement is nothing more than a contract that specifies how certain matters will be handled and decided if the parties’ marriage later fails (or a spouse dies). The most common scenario where prenups are used occurs when one spouse has significantly more assets. The prenup typically protects these assets brought into the marriage from being divided with the other spouse in the event of a divorce (or death). These agreements are allowed under by statute in Indiana and are ... Read More
05
Apr2018
30
Oct2017
Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses.
Becoming the aggressor:
In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and ... Read More
20
Oct2017
The number of appeals in Indiana is small compared to the overwhelming number of cases tried in Indiana’s trial courts each year. Correspondingly, there are only a few more than twenty appellate judges and senior judges who decide appellate cases. There are few attorneys who handle appears on a regular basis.
On occasion, the small appellate bench and bar get to interact at professional events. At a recent gathering, the appellate judges provided wisdom about four key mistakes that they see with appellate ... Read More
27
Apr2016
Over the course of several decades of collective domestic practice, Ciyou & Dixon, P.C. attorneys observe two reoccurring mistakes that parents make, perhaps unknowingly, that may lead to contempt or modification actions or otherwise institute ill will and make it harder to co-parent and act in the children’s best interests. This blog post explores these mistakes so divorcing or divorced parents can avoid them.
The first is enrolling the children in school and not listing the child’s other parent on registration forms. This takes a more ... Read More
17
Dec2015
Failing to Include Assets and Value Them and Informal Loans from Parents and Third Parties
While emotion often overrides divorce proceedings, particularly where child custody is in dispute, it is key to identify if sufficient evidence of all assets of the marital estate are present. Marital assets also include debts. The Indiana Court of Appeals recent Barton v. Barton case makes this point.
First, loans versus gifts from parents are difficult to determine. It is the litigant’s burden of proof to establish in the ... Read More
15
Dec2015
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by a subsequent legal proceeding, so try to avoid unnecessary conflict.
Sometimes there is no ability to resolve any and all issues and a ... Read More