Expert witnesses are common in criminal and civil cases. There are all types of experts, such as use of deadly force in criminal cases to custody evaluators in divorce and paternity cases. To be qualified as an expert, he or she must pass the Daubert test.
This standard or test comes from a United States Supreme Court case, but is now written into an Indiana Rule of Evidence, which encompasses the proposed skills the expert must possess to qualify as an expert, said ... Read More
16
Oct2017
29
Mar2016
Divorce and child custody cases present common issues and unique ones to every family that comes to Court. To assist attorneys in making their client’s best case, Indiana judges sometimes gather and present seminars for practitioners to give them guidance in what helps best present every case.
The Indianapolis Bar Association presented a seminar with Marion County and surrounding counties’ judges on March 23, 2016. This blogs covers 3 tips that came from this CLE that may help you understand what judges ... Read More
05
Aug2015
With divorce statistics indicating one in two marriages ends in divorce, many people—from those who have heard divorce horror stories to those who have had their own divorces—sometimes contract for terms to divide their estate (assets – liabilities = net marital estate) in the event of a divorce. There are three ways to do so, all with risks and specific requirements.
The most obvious and well known is the pre-marital agreement. This is made in contemplation of divorce and has existed in ... Read More
27
Jan2015
About a decade ago, mediation began to take hold in Indiana. It was so successful, the Indiana Supreme Court allowed trial courts to order parties to mediate their divorce case before setting a final contested divorce hearing on a congested court docket. Most trial courts were receptive to it.1 Attorneys also grew to like the process over the former model of a trial, because the parties could reach an agreement of their own accord versus having a court take control and decide.
If ... Read More
26
Dec2014
You have made the decision to divorce, and you have carefully researched, selected and hired an attorney, but your friend (a recent divorcee), or your uncle (a contracts attorney), has some input, or you researched different topics on the internet… and you’re starting to second guess your attorney.
Divorce, and child issues particularly, can be very emotional subjects. While there are laws out there the guide courts in making decision, there are a lot of legal factors that play into those decisions (or ... Read More
27
Nov2014
Dissolution matters often involve issues of both child custody and support and property division, including the division of assets and debts. The information gathering phase of dissolution can be lengthy to accurately determine the numbers, accounts, schedules, etc. of the parties to appropriately determine custody, support, and division of assets and liabilities.
Delay can further occur in the dissolution process if allegations are made by one or both parties, or even a third party. For example, during the course of a dissolution proceeding, ... Read More
27
Mar2014
A deposition is a discovery tool, or a way that attorneys and litigants gather information that is relevant to the case. A deposition is just one of many options that attorneys utilize in gathering pertinent information to effectively prepare your case for settlement or trial. For example, during a divorce case, your spouse raises claims that he or she wants spousal maintenance (alimony), and you want to know why, or what their basis is. A deposition is an opportunity to ask ... Read More
29
May2012
Domestic partners, married couples, or really any family members can potentially be the victims of domestic violence. Sometimes this is a pattern, but sometimes it is a one-time event in the emotionally charged event leading unraveling of the relationship. In some cases, tensions are high, remain high, and domestic violence can be a very real, on-going concern for a party, friends, family, and lawyers.
However, there are a number of protections and safeguards in place to prevent a potentially tragic ... Read More
24
May2012
The process of perfecting an appeal, as discussed in previous blog posts, is often a complex one, with numerous rules and time limitations.1 The general trigger to file an appeal is that the order being appealed is a final order.2
There are, however, exceptions to this final order rule. An interlocutory order is an order of the court that is not final, often occurring during the pendency of the litigation. For example, during the pendency of a divorce ... Read More
18
Oct2011
The events of the daily news bring global events right into our offices, homes and cars-- almost the second they happen. Where domestic violence is concerned and occurs in a nearby street or city, it is common to think that is a norm.
The stress and duress of a typical divorce case appears to heighten factual sensitivity and general awareness; and domestic litigants sometimes raise and present concern and wonder if they need the protection of a protective ... Read More
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