Divorce matters are often stressful and trying times for a family that is undergoing radical changes. This is no different for the individuals in a same-sex marriage who seek to get divorced. However, spouses in a same-sex marriage may face certain hurdles or unique circumstances given that nationwide same-sex marriage was only recognized more recently via the United States Supreme Court’s holding in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). This blog explores some of the unique specific issues that a same-sex couple may face when getting divorced. Property Division. Indiana subscribes, under the Dissolution Act, to the “one pot” ...
April 25, 2019CD
While there is never a good time for a divorce, conventional wisdom (and some New Year’s resolutions) have led to a wave of divorces being filed in January and February of each year. Part of the reason is due to families with children to hoping to wrap-up the divorce before the start of the next school year. However, school calendars, frequent relocations for work, and blended families have up-ended this trend to some extent. In many cases, filing a Spring or Summer divorce may make the most sense. This blog covers three key reasons why a divorce at this time ...
April 24, 2019CD
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. Increasingly common, whether due to the mobility of individuals, an increase in remote employment, or otherwise, are divorces that involve some aspect that creates a multi-jurisdictional or even international element. Common examples include couples who are divorcing who have different citizenship, a couple where one spouse has a job placement overseas for a period of time, or a couple who may own property in multiple countries. Each of these situations creates an added layer of complexity in resolving the divorce, whether the multi-jurisdictional element ...
April 9, 2019CD
Many out there would agree that Grandparents impact our lives in a big way. Whether it be in a role of second parent, friend, mentor, babysitter, financial supporter, et cetera. Simply put, Grandparents serve an important role in many children’s lives. This is the reason that most jurisdictions across the Country have given Grandparent’s some sort of right to visitation with a child, including Indiana. But, this right to visitation is not absolute, and instead, is limited in its application. You have to understand your rights and work with counsel if you want the legal right to contact with your ...
April 4, 2019CD
The idea of cohabitation between partners has become more commonplace in the United States in the past several years. In some respects, an increase in cohabitation among romantic partners grew due to laws prohibiting same-sex couples from marrying. After same-sex marriage was validated across the United States, many couples elected to take advantage of their ability to marry under the law. However, this change does not mean that cohabitation among partners is now no longer prevalent in Indiana and across the US. It is! Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage ...
February 25, 2019CD
Four Critical Concepts for Post-Secondary Expenses College costs and other post-secondary expenses continue to rise, and articles about these increasing costs and the growing debt that many students come out of college with are nearly everywhere you look. In fact, apart from buying a home, attending college or another type of post-secondary institution may be the biggest expense that one has in their life. Sometimes, the divorced parents of a child who plans on attending college or another post-secondary institution may have very different opinions about what they believe their respective roles should be in terms of their financial contributions to ...
February 20, 2019CD
Custody disputes between a minor child’s parents, grandparents, relatives, and/or others in a minor child’s life can arise in a variety of different cases – marriage dissolutions (divorces), paternity cases, and guardianships are just a few. Other times, one of the parties involved in a child’s life may petition for a modification of custody under certain circumstances. The type of evidence that you may be required to present may be different depending on the type of case you are litigating and the current custody status of the minor child who is the subject of the custody dispute. However, this blog ...
February 14, 2019CD
Whoever said “there is a fine line between love and hate” was on to something. Frequently, two people who were madly in love, somewhere stumbled and are now getting a divorce. As you may have already figured out, those loving days are gone, and not only are they gone, but that love has been replaced, in most cases, with resentment towards the other person. So, what do you do when you are going through a divorce? What shouldn’t you do? How do I act? How should I treat the other person? These are all valid questions. In this blog, we ...
January 31, 2019CD
One of the best ways to make the most of a divorce is to try to remove yourself from the emotion and clearly understand what you want, why, and if your legal desires are realistic. Divorce law is complex making this difficult. However, there are three pervasive myths about divorce law that have many litigants confused before they even consult with counsel. They are debunked and the focus of this blog. The first myth is with property (e.g., stocks, bonds, cash, homes) that a party brought into the marriage. Indiana is a “one-pot theory” state for divorce. What this means is ...
January 24, 2019CD
Most of us will have multiple jobs during our work career. The days of starting, working for and retiring with a company are mostly past. For divorced parents or those who have children born outside of marriage, a move for a job, new relationship, or the myriad of reasons, the move is more complicated because of Indiana’s custody relocation status. This requires these parents to provide advance notice of relocation or face legal consequences from payment of legal fees to loss of custody. This blog addresses four little-known details or considerations relevant to custody relocation you must know. First, both custodial and ...
January 16, 2019CD