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Can Loans Made To Divorcing Parties By Their Family Or Friends Be Recovered In A Divorce Proceeding

25

Sep2020

Can Loans Made To Divorcing Parties By Their Family Or Friends Be Recovered In A Divorce Proceeding?

/ Family Law, Division of Assets, Divorce
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 ... Read More
September 25, 2020CD
Six Mistakes To Avoid When You Get Divorced

23

Sep2020

Six Mistakes To Avoid When You Get Divorced

/ Family Law, Divorce
For many couples, divorce is a long, arduous journey. Finally getting the divorce decree marks the end of the road for a broken relationship and opens the door to a world of new possibilities. That said, the actual divorce decree may still leave many legal details to be attended to or a party is placed in substantial risk in the weeks, months, and even years to come. This blog looks at five mistake that are commonly made when a divorce decree is entered—don’t let this be your case. Designation of Beneficiary Status: A designation of a beneficiary is a person named ... Read More
September 23, 2020CD
Four Things You Should Know About Divorce Preliminary Hearings

27

Aug2020

Four Things You Should Know About Divorce Preliminary Hearings

/ Family Law, Divorce
After one party files for divorce, what happens next? By statute, sixty (60) days must pass before the court can enter a divorce decree. A divorce is often a complex financial transaction separating the parties’ assets and an emotional one involving child custody and support. Most divorces take at least a few months to finalize. During this time, many parties cannot agree on who will live in the marital residence, how they will share the children, what car each will drive and who will pay what bills. In these cases, typically one party will move the court to set a ... Read More
August 27, 2020CD
Do I Need A Forensic Custody Evaluation

06

Aug2020

Do I Need A Forensic Custody Evaluation?

/ Child Custody, Family Law
There are numus ways to have your child’s voice heard in court to aid a judge with making a custody determination or a modification decision. In most cases, an attorney or licensed clinical social worker can interview the family and children in order to make a sound recommendation to the court about what he/she believes is in the children’s best interests. This is because they are neutral to either side. However, in a small minority of cases involving high-conflict custody proceedings, the facts are convoluted and may reflect deeper underlying substance abuse issues masking mental health conditions. In these cases, ... Read More
August 6, 2020CD
Five Tips To Prepare For A Deposition In Your Divorce Case

29

Jul2020

Five Tips To Prepare For A Deposition In Your Divorce Case

/ Family Law, Depositions, Divorce
Divorces can be complex matters, often times involving extensive discovery.1 One key to obtain information in divorces is by depositions. Depositions are unique in that they require you to actively participate with the attorneys. Depositions require a large amount of involvement on the part of the client, it is important to have a basic understanding of depositions and what to expect. In this blog, we provide five tips for a deposition in your divorce case. Tell the Truth. While it may seem like a cliché, the first tip for a divorce litigant going into a deposition is to tell the truth. To ... Read More
July 29, 2020CD
Can I Get Divorced If I Am Stationed Abroad Or Deployed In The United States Military?

25

Jun2020

Can I Get Divorced If I Am Stationed Abroad Or Deployed In The United States Military?

/ Family Law, Divorce
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 ... Read More
June 25, 2020CD
Can My Spouse Receive A Portion Of My Worker’s Comp Claim Or Personal Injury Settlement As A Part Of Our Divorce?

24

Jun2020

Can My Spouse Receive A Portion Of My Worker’s Comp Claim Or Personal Injury Settlement As A Part Of Our Divorce?

/ Family Law, Division of Assets, Divorce
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 ... Read More
June 24, 2020CD
What Do I Do After My Divorce If I Find Out My Spouse Did Not Disclose Assets?

04

Jun2020

What Do I Do After My Divorce If I Find Out My Spouse Did Not Disclose Assets?

/ Family Law, Division of Assets, Divorce
Most seasoned family law attorneys have consulted with divorced parties who learn after the divorce, that a spouse did not disclose assets. These potential clients want to know what, if any remedy, they have in pursuing their share of that asset. The threshold issue is to determine from a cost-benefit analysis if the fight is worth your percentage of the non-disclosed asset. If the account or asset is only worth a few hundred or thousand dollars, then the legal fees and emotional grief related to litigation usually are not worth the fight. On the other hand, if the secreted asset ... Read More
June 4, 2020CD
Five Things To Know About Protective Orders

18

May2020

Five Things To Know About Protective Orders

/ Criminal Law, Family Law, Protective Orders
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools, they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a threat to anyone. This blog looks at five things to know about protective orders so that you may ... Read More
May 18, 2020CD
It Is Embarrassing To Have To File For Divorce Where I Live. Can I File My Case In A Different County So It Stays Out Of The Newspaper?

22

Apr2020

It Is Embarrassing To Have To File For Divorce Where I Live. Can I File My Case In A Different County So It Stays Out Of The Newspaper?

/ Divorce, Family Law
Maybe? In Indiana, almost all divorce laws are created by statutes, generally called the Divorce Act. The Legislature specifically created the right to divorce.1 As long as one party puts on evidence of a valid reason for divorce, the other party cannot refuse to divorce. The reasons are irretrievable breakdown of the marriage, conviction of either spouse subsequent to the marriage of a felony, impotence, and incurable insanity of either party for a period of at least two (2) years.2 Any of these reasons and social and/or religious stigma sometimes, will have a party asking if they can file their ... Read More
April 22, 2020CD