In many cases, a neutral third party may be requested in contested custody cases to conduct a custody evaluation and make a recommendation to the court. The recommendation from the evaluator’s standpoint (after interviewing the children and parents, perhaps visiting the parent’s respective homes, and looking at documents, such as police reports) is a custody and parenting time arrangement that is in the children’s best interests. The problem this creates for one parent is that, normally, they will view the recommendation as a loss. This blog addresses ways to address a negative custody report (which is what the evaluator prepares ...
Tag: divorce attorney
October 9, 2020CD
In today’s world, it is somewhat common to have monies provided to newlyweds by their parents to assist with the purchase of a home, car, rent or for other expenses, particularly when grandchildren come along. Ultimately, if the parties divorce, can a creditor parent recover this money? What is the burden of proof? What does a creditor parent need to do? What protections are there in the law for a creditor parent? While they obvious answer may seem like “yes”, a creditor parent gets his/her money back, that is often not the case. This blog explores how a creditor parent ...
September 25, 2020CD
For most couples, they marry, maybe buy a house, get a pet, and have children. As they do these things together, they slowly intermix financials, friends, pets, and how they apportion the work and rearing of the children. Almost no one thinks when they marry, they will divorce. For this reason, divorce is a complex, legal transaction that often leaves one spouse unprepared financially or emotionally. When a marriage is breaking down, a wise spouse prepares in advance to minimize being left without access to their children, a car to drive to work, and money to access to live upon. ...
August 3, 2020CD
A lot of mystery seems to surround the division of assets when parties file for divorce and call the end to the marriage. Numerous questions arise. Do I get to keep family heirlooms I brought into the marriage? Does my spouse get a part of my 401(k) as he or she has her own? If our marriage has only lasted a few years, and I brought most of the assets into the marriage, do I get to keep them? This blog answers these questions generally by discussing Indiana’s one-pot theory and the presumption of an equal division of assets.1 Perhaps the ...
July 6, 2020CD
There is general agreement among the bench and bar that parents should not call their children as witnesses in their divorce of post-decree modification cases. Putting any child on the stand is a traumatic experience and one that usually makes them pick sides. On the other hand, while there are a lot of ways a child’s views can be made known to a court, such as a custody evaluation, sometimes with older children or in very unique circumstances, a party wants a judge to hear the child directly address the Court. This can be done outside the litigants’ presence. This ...
July 2, 2020CD
A topic often spoken of in hushed tones or that is perceived as taboo is pre-divorce planning. While some spouses do this in an illicit way, such as liquidating and secreting assets, this is not divorce pre-planning a skilled family law attorney may assist you with.1 While pre-divorce planning is tailored to a specific case, this blog talks about three (3) typical areas of consideration to assist you with understanding the benefits of pre-divorce planning in your situation. Pre-nuptial/Post-Nuptial: Perhaps the most effective pre-divorce planning tool is a pre-nuptial agreement that can cover the disposition of property in the event of ...
December 27, 2019CD
Yes. However, should you? Divorce is often the best of times and the worst of times at the same time. The turmoil of separating marital assets and deciding custody can take its toll. However, the excitement of the future outside a bad marriage is often exhilarating. That said, divorce is still emotionally taxing and financially hard. And, frankly, sometimes you do not get what you want at hearings and the case drags on and becomes a significant financial burden. It is at this time that all of this hardship leaves many litigants contemplating a change in counsel. This blog covers four ...
December 19, 2019CD
There are many women (and men) who elect to stay home after the birth of their children and be a homemaker. No one doubts this is a full-job, but when divorce strikes it often leaves fear in the stay-at-home parent because he/she had been out of the workforce for so long. This is particularly daunting since Indiana presumes that the parties will divide the marital estate 50/50. There are many potential protections for the spouse who has been out of the workforce for some time. A skilled attorney may use some of these protections to make a just and equitable ...
November 8, 2019CD
It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction is at play. The basis for the divorce. Indiana is a no-fault state so the fact that ...
September 20, 2019CD
With Americans increasingly living and working abroad as we expand to a global workforce, Indiana divorces with international aspects are not uncommon.1 This blog briefly highlights some of the issues you need to know if you are in this situation. Jurisdiction. As long as one of the parties have lived in the state and county for six (6) months, the Court has jurisdiction to entertain a divorce case and it can make a custody award, divide the property, and divorce the parties. So at a basic level, Indiana courts can provide complete relief for the spouse (and children, if there are ...
September 12, 2019CD