The ending of yet another year and thinking about life and goals for the next year brings up all sorts of thoughts; psychologists and lawyers will tell you the clients they see have them run the gambit during the holiday season (Thanksgiving-Christmas-New Years). Often this brings up a continually declining marriage and thoughts of filing for divorce. So, with the holidays, it often the best of times, with gatherings of family and friends, and the worst of times, with the thought of entering another year in bad marriage. This blog addresses the key reasons you should probably wait to file ...
December 13, 2018CD
This blog discusses the considerations in the division of a farm as part of the marital estate and how same may be valued in a dissolution proceeding. A farm that as part of the marital estate creates unique issues in a dissolution of marriage, and the potential for argument over the ultimate division of the farm property, which the firm has handled at the trial court level and on appeal to higher courts. In determining the division of farm property, some consideration must be given to how the farm was acquired, which may impact the ultimate division from the presumption of ...
January 31, 2018CD
The Tax Man Cometh – And He Taketh Away: Good or Bad? In most divorce cases, there are tax considerations, such a dependent exemptions. This is sometimes a key concern in divorce cases. As part of the much anticipated tax reform, our financial partners are providing the meaning and impact upon divorcing parties, divorced parties, and paternity cases. This is the focus of this blog post. The first major change analyzed in this blog is the elimination of the dependent exemption. After years of fighting over the right to claim the child(ren) as a dependant and receive the tax benefit of same, ...
January 11, 2018CD
Over time, the nature and complexities of divorce have changed. In the 60s and 70s, for instance, before uniform acts were adopted by the states on custody jurisdiction, a parent wanting to obtain child custody simply went on “vacation” with the children to another state, filed divorce, and had custody decided in a more favorable place to their legal objectives. Laws, lawyers, judges, and legislatures have done a great deal to level the playing field for litigants. However, there are certain “no-nos” even today that almost always backfire and give the other party a tactical advantage in the litigation or a ...
April 18, 2017Adam Hayes
Several years ago, the Indiana Supreme Court decided an Indiana trial court judge could order a case to mediation before giving a trial court date without any such rule violating the right to open access to courts. This is because in the right case, an Indiana trial court judge could and can hear a case and waive any court-specific rule or local rule for the county to participate in mediation before a hearing. With this case, mediation was firmly established in Indiana. Most mediations resolve any given case based on statistics before trial. This blog explores what can be accomplished in ...
December 6, 2016Adam Hayes