Anyone who has ever been through a divorce will tell you it is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. However, much of this stress can be relieved by being informed of the divorce process and preparing for what’s ahead. In this blog, we provide you with four tips for divorce litigants in 2021. Set Realistic Expectations. In Indiana, marital property consists of all property owned by either spouse. Generally speaking, it does not matter if the property was acquired before or after the marriage, nor does it ...
Tag: divorce case
January 15, 2021CD
Small business fuels more employment in the United States than larger corporations and businesses. It is often the case one spouse works for a company to obtain benefits like health insurance, allowing the other spouse to start and run a small business—a part of the American dream. When a divorce is filed, the parties are often left with determining what makes up the small business’ value, as all marital assets acquired or brought into the marriage and existing at the time of filing are marital assets subject to a fifty-fifty division. This blog covers the basics of how and what ...
December 18, 2020CD
Yes, although that may seem odd. Most of us have signed a contract pretty early in life, such as for a first apartment or car. However, the concept may seem disconnected to marriage and divorce (certainly parties will sign a mortgage or have a credit card that is governed by the terms of the contract, but this has nothing to do specifically with getting married or divorce). That said, contracts play an increasingly important role in getting married and divorced. This blog provides you with the basics of marriage1 and divorce2 contracts. In anticipation of marriage, the parties may enter into ...
October 15, 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 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 ...
September 23, 2020CD
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 ...
August 27, 2020CD
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, ...
August 6, 2020CD
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 ...
July 29, 2020CD
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 ...
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