There are many times couples physically separate but continue to stay married. There are a variety of reasons this occurs. For instance, maybe one spouse has a chronic medical condition and would lose health care coverage he or she has under the other spouse’s group medical plan upon divorce. However, in most cases, there comes a time when a party who has been separated for a time from their spouse wants a divorce to move on (perhaps with a new romantic interest). This raises a profound question. What is in the marital pot for the court to divide? Is it ...
Tag: dissolution of marriage
September 10, 2020CD
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce them. But what happens if the settlement agreement was improper or was based on something like fraud? Is there ever any instance in which a court can modify an agreement? The Court of Appeals recently addressed such questions in their ...
July 23, 2020CD
When most couples marry, they slowly and unwittingly merge their financial, business, and personal lives together. They may have a car loan on a car purchased for the husband, but as time goes on, it makes sense for the wife to drive it, such as if one car dies and the husband gets a company car. A joint account may be equally contributed to or each party’s paycheck goes into it and is used to pay for all bills. Parties, in fact, have rituals for who pays what and how the household is handled that are unsaid and unwritten but ...
May 28, 2020CD
In most civil litigation, when you are sued, such as in a divorce, which is technically a complaint, you have to provide an answer to avoid a default judgment and losing.1 However, in divorce, there is no requirement to provide a cross-petition (or answer in a technical sense).2 Yet in a few instances, it may make sense to cross-petition. This blog addresses cross-petitions and their uses and some common myths surrounding cross-petitions. Factual mistakes: Perhaps the most common reason to file a cross-petition is that the divorce petition has factual mistakes that should be corrected to have accurate filings before the ...
May 28, 2020CD
Individuals who find themselves in the middle of a family law litigation understand the emotional and sometimes financial hardship that goes along with it. Whether it is a proceeding for dissolution of marriage or custody modification action, these types of cases are never easy for those involved. For this reason, and some others, some people treat family law matters as a way to “air out dirty laundry”. Such testimony is often objectionable. While there are numerous pieces of evidence that can be relevant to any particular family law matter, evidence of every little misdeed or foul word spoken by a ...
January 30, 2020CD
Upon divorce, your investment accounts, whether it be a common stock portfolio, retirement account, or pension, is a property that is subject to division upon divorce. That leads many to ask the question of whether they will have to sell the investment account in order to divide it upon divorce? This blog provides a brief overview of how investment accounts are handled upon divorce and provide an answer to the question of whether you are required to sell such investments. In Indiana, all marital property is subject to division in a dissolution of marriage. “Marital property” is property that is owned ...
January 16, 2020CD
Almost everyone has seen a television drama that depicts a contentious divorce, and at some point, the judge is called into question. This is not limited to good television drama, real people in divorce often wonder if they are bound to the judge they are assigned. They may also wonder if they can change the venue to a different, thus resulting in a new judge. The other question that comes up from people divorcing is if they have a right to have a jury determine the outcome and divide of property and other matters in conflict. These questions all stem ...
November 20, 2019CD
The decision to file for dissolution of marriage is often a difficult one, and timing is an issue that is to be considered based on the circumstances of the parties, how long they have resided in the area, and myriad other factors that go into the process of untangling a marriage. Service is the legal term that describes a Respondent in a case being presented paperwork/documentation that a lawsuit involving them has been filed, once the timing is right. But what happens when a party is not accepting service? Is the case doomed? The short answer is no. There are several ...
June 30, 2015Adam Hayes
As has been noted in previous blogs, law may not always work in real time or move as quickly as one or both parties may like. Often, there are deadlines and pieces that must fit together before a matter can be finalized. This can take some time. In divorce cases specifically, there are several reasons it may take longer or be continued. First, there is a required cooling off period of 60 days, and until that time is reached, the divorce cannot be finalized. Next, there may be a GAL or custody evaluator involved. Both of these providers interview the parties ...
October 2, 2014CD
In dissolution of marriage cases in Indiana, the issue of property settlement (by an agreement) or award (by trial) is a two-step process. First, what is marital property? And, second, how should it be divided? In Indiana, marital property is any property acquired or owned by either husband or wife prior to the marriage, or during the marriage, including personal property, real property (land, house, real estate), and property rights (something not tangible that someone has the right to acquire later).1 This is called the “one marital pot” theory. It is all acquired up to the date of filing; and property ...
February 14, 2013CD