Everyone knows of a custody “battle” waged by a family member or friend--where both parents are entrenched in their positions, are convinced they are right (and maybe are), and fight tooth and nail to have the time with their children they believe is in their best interests. Or, is this your case? Most commonly, this struggle is waged through successive litigation involving contempt actions and modification petitions; trial courts retain custody jurisdiction to hear and decide these matters until the children are adults, meaning the litigation can go on for years. As ... Read More
30
Aug2018
07
Aug2018
In the past, you had to prove fault to obtain a divorce. Adultery was one type of fault. While there is no doubt that infidelity wreaks havoc in many marriages and leads to divorce, it is not a recognized reason for divorce. Now only one party has to establish that the marriage is irretrievably broken. This is a low evidentiary standard. If a party states it under penalty of perjury or testifies this is the case at trial, the court will divorce the parties—even if the other spouse does not want divorced. ... Read More
30
Jul2018
In Indiana, and in virtually all other courts across the United States, attorneys and judges have “wrestled” with evidentiary issues surrounding social media (is it admissible?) in all sorts of ways in civil and criminal cases: How do you authenticate something is actually real (versus fabricated) in cyberspace, never existing in a tangible form? Many of these questions have been addressed by trial and appellate courts. Now Facebook posts are routinely authenticated and used in civil and criminal courts; some courts have even allowed a spouse to a divorce to serve divorce ... Read More
31
May2018
Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but ... Read More
16
Oct2017
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
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
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