The Second Amendment’s right to keep and bear arms is one of the oldest and core liberties contained in our Constitution. This same right is found in the Indiana Constitution.1 Yet, that right may be the most polarizing issue debated in today’s society. In the reflection of this, so to speak “hot topic” issue, the Legislature and Congress have enacted ever-changing laws. It is important to stay current with these changes to ensure you are following the law and avoid negative consequences. For example, what happens if someone steals your gun and commits a crime? Are you liable? This blog ...
February 21, 2019CD
Under Indiana law, you can be convicted of possession of illegal drugs (or other contraband such as a gun) found during the search of a passenger vehicle, even if you are merely the passenger. This concept is called constructive possession and is used to charge and convict both drivers and/or passengers when there is no way for the State to prove direct ownership or control over the drugs or who knew the illegal items were in the car. This is not a new legal concept. To balance innocence, in cases of constructive possession, the State is required to prove the existence ...
October 24, 2018CD
Most seasoned divorce attorneys will tell you that divorce, like the rest of our society, is a complex legal and psychological transaction. When the mere thought of a divorce arises, you should consult with a skilled therapist to try to determine if the marriage can be put back on track. Marriages today are a lot more than those based on love and are sometimes financial partnerships. So you owe it to yourself to explore the option of “saving” the marriage. Assuming the decision or analysis to get a divorce is likely, planning is the key to make the process less expensive ...
November 30, 2017CD
Indiana follows the “marital pot” theory to determine what property is “marital property.” The “marital pot” theory means that ALL assets and liabilities, owned byeither Husband or Wife BEFORE and DURING the marriage, no matter how the property is titled, is jointly owned by the husband and wife equally and collectively. Indiana is unique in that there is no “separate” property, like many states recognize. Other states may consider debts or assets held before the marriage to be “separate” or property acquired during the marriage by inheritance or gift to be “separate.” Separate property is not subject to division, and is ...
December 11, 2014CD
Creating an agreeable and/or feasible parenting time schedule, coordinating between 2 busy households is difficult. However, adding an agreeable transportation schedule/plan to effectuate parenting time can be just as difficult. Often, parents may not live down the block from one another. Jobs, family, or opportunities may leave parents 45 minutes or further apart. Pursuant to the Indiana Parenting Time Guidelines, one recommendation for parenting time exchanges is that “the parent receiving the child shall provide transportation for the child at the start of the scheduled parenting time and the other parent shall provide transportation for the child at the end of ...
September 18, 2014CD
Contractual Obligations, Child Support and Income Withholding, and COBRA Unlike the larger body of civil law, domestic relations has mostly grey statutory provisions that are equitable as much as they are legal. The reason for this is life is anything but organized and linear. It is messy and filled with emotions ranging from happy to sad. A trial court, by default, is left to solve financial-to-legal problems that appear to have no answers, or in fact, have no answers. By all accounts, Indiana’s trial courts and their judges, commissioners, magistrates and judge pro tempores do a remarkable job. Sometimes the parties help ...
February 9, 2012CD
Most business lawyers and owners understand the uses and benefits (mostly) of utilizing a business structure for a family-owned business (or any other business). When properly formed and maintained, such a structure does have many beneficial things; and it has tax benefits and apportions liability between individuals (spouses) and the entity and allows insuring risk and apportioning liability by contract. These are very important individual and business legal lines of demarcation–at least until a divorce is filed where the family business is the major asset of the divorce estate! There are two key concepts to understand as a litigant to help ...
February 7, 2012CD