The short answer is, it depends. Indiana has established a specific statutory code for custody modification that requires the parent moving for custody modification to establish certain facts. Depending on your circumstances, your child’s wishes may be enough to modify your current custody order. In this blog, we provide a brief overview of the requirements a parent must meet to modify their current custody order and whether a child’s wishes can be enough.
In order to modify your current ... Read More
12
Mar2020
13
Feb2020
“I want to appeal!” is a statement we hear often. However, many individual’s knowledge of appeals is very limited. Understanding the appeal process can be confusing, even for attorneys. Whether it be an appeal of a final order or an interlocutory appeal as of right, having a basic understanding of the beginning process of appeals will go a long way. This blog provides the three key questions you should ask yourself when considering ... Read More
06
Feb2020
One question we frequently hear from our clients is “can I get attorney fees?” Unfortunately, the answer to this question is, it depends. The main reason for the uncertainty surrounding the ability to obtain attorney fees is due to the fact that our legal system follows what is known as the American Rule. The American Rule is a deviation away from the old common law rule (known as the English Rule), which required the losing party of a particular matter to pay the winning party’s ... Read More
15
Jan2020
A frequent question we receive from our clients seeking an appeal is whether or not they can stay1 the trial court’s ruling during the pendency of the appeal. The answer to that question is, it depends. In general, seeking a stay during the pendency of an appeal is difficult to accomplish. Whether you will be successful in seeking a stay of the trial court’s order depends on the specific facts of the case and what is at issue for stay (property and/or custody). In this blog, we provide a brief overview of ... Read More
03
Jan2020
Indiana follows a “one-pot” theory when determining what property is to be considered part of the marital estate. This “one-pot” theory makes it so that all property, whether acquired before or during the marriage, is part of the marital estate.1 As such, if you or your spouse are a business owner, the business will be considered a part of the marital estate. With that, you may be wondering, “but how will the court determine the value of my business?” This blog provides a brief overview of ... Read More
18
Dec2019
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog ... Read More
06
Dec2019
The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide a brief overview of the two mechanisms for obtaining appellate attorney’s fees in a divorce case, ... Read More
27
Nov2019
Most of us have probably heard the phrase “you have the right to a speedy trial” at some point in our lives. But, you may be wondering, what is the right to a speedy trial? And more importantly, what happens if I am denied a “speedy” trial? This blog provides a brief overview of the right to a speedy trial, as well as the effects a violation of your right may have on your criminal case.
The United States and Indiana ... Read More
19
Nov2019
Very few cases go directly to the Indiana Supreme Court (ISC) as a matter of right.1 Most cases wind up in the ISC as a matter of discretion. The way this occurs is a party to a Court of Appeals’ (COA) decision (Indiana’s intermediate appellate court) seeks transfer. The ISC must accept the case. When it does so, it vacates the COA’s decision. This blog explores what the ISC may do on transfer and highlights a new case the reflects a change in the ... Read More
08
Nov2019
The short answer is, yes, using marijuana can cause you to lose custody of your child. However, this is not a simple black and white rule. The ever-changing legality of marijuana use from state to state has caused pause in the Indiana legal landscape. Things such as the recent announcement by Marion County that it will not prosecute simple marijuana possession charges are part of the reason a simple yes or no cannot answer this question. It is important to know that ... Read More