As stated in Ciyou & Dixon, P.C.’s blog post of February 25, 20191 (read it here) the idea of cohabitation between partners has become common in the United States. Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage at an increasing rate; partners with children may choose not to marry for a variety of reasons; some who have been “burned” by a past marriage may vow never to get married again but have found a new partner with whom they enjoy sharing their life; some may want to avoid the expense and ...
March 13, 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
“We need to discuss a prenuptial!” Or so the conversation begins for some couples who want to marry. A prenuptial, or prenup for short, is a contract parties make between themselves before marrying to address what happens with assets and liabilities in the event of death or divorce. This right is provided in Indiana statutory divorce law and gives the parties substantial flexibility and certainty when the relationship ends on death or divorce. The right to contract in all aspects of life is a powerful right guaranteed in the United States and Indiana constitutions, as it should be, so the ...
August 13, 2018CD
In today’s digital world with global work and play, people from different cultures, backgrounds, and ages marry. In many cases, there are significant differences in net worth, age, and business ownership. For this reason, some couples choose to enter into pre-marital agreements under Indiana’s Uniform Pre-Marital Act. A prenuptial is a document or series of documents, that specifies what a divorce court is to do in divorcing the parties in a divorce filing when separating their assets and liabilities. This blog addresses legal issues you should understand if you contemplate entering into a pre-marital agreement. The first and most important concept to ...
December 8, 2017CD
The Divorce Act and cases that control Indiana divorce law are driven by policies that favor the parties reaching agreements. Particularly where children are involved, agreements avoid the “warfare” that sometimes ensues with contested custody cases. However, all such agreements must be in the children’s best interests. Ultimately, Indiana’s trial court judges stand in loco parentis (act as a parental figure) and review agreements to ensure all such agreements between the parties over their children are, in fact, in their best interests. In most cases, this is the case. Recent Indiana decisions have re-confirmed there are two matters parents cannot agree to. ...
March 22, 2016Adam Hayes
These days, a lot of businesses are asking employees, especially those in positions that hold proprietary information, such as sales, technology, and product development, to sign non-compete agreements. But what is a non-compete agreement, and is it enforceable? A non-compete agreement is a contract between two persons or business entities (a company and employee or a person selling/buying a business). The contract essentially says that the employee, or seller of a business, will not open up another business, work for a competitor, or compete in the same business market place for a period of time. This agreement is to protect employers ...
October 28, 2014CD
While divorces are often contentious and parties find it difficult to agree on even the smallest details, agreements can be reached. Whether through the aid of your attorney, a mediator, or just by working through issues together, agreements can be reached before litigation becomes necessary. If the parties’ attorneys reach an agreement, often one of the attorneys will draft the agreement into a document that can be filed with the court. Both parties, and usually both attorneys, sign the agreement, which the judge can then either approve or deny. If approved, once the divorce is finalized, the agreement is incorporated into ...
June 12, 2012CD
Ciyou & Dixon, P.C. attorneys routinely receive questions about contracts. One we receive from our clients and perspective clients is what needs to be in a contract and why. The specifics of any contact are always difficult to determine and hard to draft. Nevertheless, there are three (3) broad areas every informed person should generally understand to interact with all of the contracts faced in routine daily life. With this it is possible to identify when legal counsel may be necessary in any contractual matter. The first distinction is between goods and services. To facilitate interstate commerce in goods (i.e., ...
May 3, 2011CD