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 ... Read More
28
May2020
28
May2020
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 ... Read More
30
Jan2020
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 ... Read More
16
Jan2020
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, ... Read More
20
Nov2019
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 ... Read More
30
Jun2015
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 ... Read More
02
Oct2014
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 ... Read More
14
Feb2013
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 ... Read More
13
Oct2011
Most attorneys, along with individuals who work within the legal system, take the legal “jargon” or terms given to the most common documents filed in courts in connection with divorces for granted. Ciyou & Dixon, P.C. advocates believe understanding these basics aid in understanding the more complicated legal concepts contained within those filings.
In this blog post, we cover the five (5) most common terms that are used. We hope when you hear about these, you ... Read More
09
Aug2011
At Ciyou & Dixon, P.C., we begin our representation of clients by educating them about the legal statutes, cases, and rules covering their case. With divorce, we often find there is a great deal of misunderstanding about the reason, or faults, of a spouse that may allow a divorce.
In the 1970s, there was a shift in national thinking about the propriety of divorce. Until that time, the religious principle of “till death do you part” carried sway. In the ... Read More