Indiana, having a significant number of military installments, has its fair share of military divorces over the course of any given year. In fact, many attorneys have tried divorce cases over the phone from troops who may not even be able to disclose their location to the trial court. That said, there are protections for military members under the Soldiers’ and Sailors’ Act. This blog surveys key information you need to know if you are a deployed military member who is stationed abroad and wants a divorce or are served with divorce paperwork. As a threshold matter, particularly with adaptations made ...
Tag: divorce attorneys
June 25, 2020CD
In Indiana, assets acquired by either party before the marriage and brought into the marriage, acquired during the marriage and up to the date of filing, are considered marital property subject to the court’s division. Furthermore, the presumption for a just and equitable division is a 50/50 division, although the trial court has vast discretion to deviate for any fair reason.1 Where worker’s comp awards of personal injury settlements (particularly structured settlements) come into play, they generate a lot of confusion and acrimony between the parties. This blog generally surveys the legal landscape and covers what you may do with ...
June 24, 2020CD
In a divorce in Indiana, everything a party has coming into the marriage and acquired during the marriage until the date of filing is all part of the one-marital pot for the trial court to divide.1 There is a rebuttable presumption the trial court should divide the marital pot equally.2 Effectively, this is everything you both own, minus what you owe, and divide by two, one-half to each party. However, the trial court has the discretion to make an unequal division. That said, in most cases, there is not enough cash to actually make the equal division or deviation from ...
May 15, 2020CD
Going through a divorce is one of the most stressful events in a person’s life. On top of the emotional and mental aspects of divorce, it can also create complex financial issues. Common questions include “who gets the house?” or “who gets the retirement fund?”. Unfortunately, there is no hard and fast rule to answer those types of questions. Each case is fact sensitive. This is where seasoned divorce attorneys and clients spend their time; trying to figure out what makes sense financially and otherwise in the division in the post-divorce world. This blog provides a brief overview of what ...
October 10, 2019CD
Divorce is often a dynamic and involved process that starts with filing a petition for dissolution of the marriage. After a divorce has been filed, there are several avenues through which the parties can achieve the ultimate result-a divorce. First, and probably the most historically common (but that is changing), the parties can go to court, litigate the issues, and the Court can order the parties divorced. Mediation is another option for dissolution, which is growing in popularity. While a mediator cannot divorce the parties, the issues, such as property division and parenting time, which would be addressed by a Court, ...
September 11, 2012CD
Almost everyone knows a terrible and tragic divorce story. Perhaps their own. A friend. A parent. Divorce is unique in the legal system in that it almost always ends with each spouse (and the children) obtaining a result they are unhappy with. As Indiana divorce attorneys, we know the protracted divorce and “nasty” trial sometimes is unavoidable. There is too much past baggage, which may range from marital debt to unfaithfulness. The divorce trial becomes the only focal point to address actual and perceived past wrongs, legal, emotional, physical, and the list goes on. However, Ciyou & Dixon attorneys also observe some ...
September 20, 2011CD
As Indianapolis divorce attorneys, Ciyou & Dixon, P.C., sees divorce as more than a legal transaction. In fact, research backs up our observations–it is one of life’s greatest stressors. An acrimonious divorce can, and often does, cause psychological and physical health issues. While we cannot solve these, we have observed five little life changes that our clients manage this stress, and other life stressors, to get through this difficult time. We hope these may help you: Get adequate sleep, eat healthy and exercise. Identify something each day, everyday that you look forward to and gives you meaning and purpose. Make short-and long-term goals for ...
July 12, 2011CD
“I married a much younger man. He brought most all of the assets into our marriage, which is over $1 million. It is not working out. If I file for divorce, what am I entitled to under Indiana law?” The presumptive division of the marital estate is 50/50. In addition, Indiana is a one-pot theory state. What this means is that assets owned before the marriage, obtained during the marriage, or after it before separation, are included in the martial estate to be divided (a.k.a. Division of Assets) by the trial court. However, for marriage of short-duration, the Divorce Act directs trial ...
June 30, 2011CD
"How are unvested stock options, unvested retirement benefits, or a potential inheritance treated by divorce courts?" They are not. Indiana’s one-pot theory pulls all assets and liabilities brought into the marriage or acquired during the marriage but before the filing of a divorce into the “pot” or marital estate for division. This gives judges wide discretion to apportion it and reach a just and reasonable division of the marital estate. At Ciyou & Dixon, P.C., however, we observe this sweeping definition of and reach to marital assets sometimes creates a false sense of security or expectation. If a stock or pension is not ...
May 18, 2011CD