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
03
Jan2020
09
Apr2019
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. Increasingly common, whether due to the mobility of individuals, an increase in remote employment, or otherwise, are divorces that involve some aspect that creates a multi-jurisdictional or even international element. Common examples include couples who are divorcing who have different citizenship, a couple where one spouse has a job placement overseas for a period of time, or a couple who may own property in multiple countries. Each of these ... Read More
12
Oct2017
In complex or high asset divorces, attorneys sometimes face property, such as a vacation home, located abroad. The question becomes, “is this part of the marital estate?” Yes. All property no matter where located is marital property. Indiana subscribes, under the Dissolution Act, to the one pot theory where all assets brought into the marriage, acquired during the marriage, or to the date of filing are assets of the marriage the court can divide.
This is settled law. This blog explores enforcement of ... Read More
24
Nov2015
Lawyers do a great job of presenting a client’s best position in court in obtaining their legal objective. Judges sort through it. Often sitting in the courtroom as a casual observer, it is difficult to tell which story is accurate and what evidence the court should rely on to decide the division of property (presumption being equal) and child custody (gender neutral). After sitting through hundreds of trials, the attorneys at Ciyou & Dixon, P.C. use this blog to explore three highly effective visual aid strategies that ... Read More