The mere thought of a divorce is difficult for most of us. However, if you are going to divorce, picking the “right” divorce attorney for your case is the way to avoid wasting money and going through multiple attorneys because you are perpetually dissatisfied. Often, the “best” divorce attorney—who may have handled every case from international parental abduction to a multi-million-dollar marital estate—is not necessarily the “right” divorce attorney for you. Equally, the best divorce attorney by ranking or for your friend’s divorce may not be right for your case either. This blog focuses on 3 key or fundamental considerations ...
Tag: divorce cases
December 20, 2018CD
No. Maybe. Even in today’s digital world, marital infidelity is difficult to define. Nevertheless, statistics show that “cheating” is one of the biggest factors in filing for divorce. Decades ago, the various states adopted the concept of no-fault divorce. This means if one party states the marriage is broken and wants a divorce, this is enough for the court to have jurisdiction over the matter. In the past, adultery or other wrongdoing was required; this is no longer the case. There are now specific statutory reasons for a divorce under current Indiana law: irretrievable breakdown of the marriage; the conviction for ...
September 11, 2018CD
In paternity (children born out of wedlock) and divorce cases, the initial determination is gender neutral and made without any preference for either parent; the court decides physical custody considering any relevant factor to what is in the child’s best interests. For parents who present a strong factual and legal case and do not prevail, many consider appealing the decision to the Indiana Court of Appeals. This blog analyzes the general considerations for whether to appeal a losing custody decision or move to modify it in the future. That said, unlike most all other judgments in civil litigation, including property division ...
August 2, 2018CD
In many cases, when the marriage is “done”, the question becomes “how fast can I get a divorce?”. The answer is, “it depends”. No one likes the uncertainty and turmoil associated with divorce. Often, a divorce significantly impacts family, friends, and work. So, in theory for most litigants, the sooner the divorce is complete, and the marriage dissolved, the better it is to move on in life. As a statutory matter, sixty days must pass before a trial court can enter a divorce if there is an agreement on all terms. Most of the time the divorce is not completed in ...
July 23, 2018CD
In some divorces, there is “foreign” real estate within the total marital estate1. Typically, this falls into one of three categories: (1) a timeshare or some other similar factional ownership; (2) a home or property sited in another state; or (3) a home or property located in another country. Under the Indiana Divorce Act—Indiana’s body of law that guides judges in divorce proceedings—all such real property is subject to the jurisdiction of the divorce court and must be divided. This blog covers the unique legal concepts and issues related to “foreign” real property. The most common type of marital asset is ...
January 8, 2018CD
The keys to making your best case for obtaining what you want in a divorce trial by focusing on the obvious and basics—but what is rarely ever consciously considered by the parties before or at trial.
December 19, 2017CD
In the ideal world, you select the right attorney for you civil case at the outset. Sometimes there are developments, such as other companion cases that occur, that makes it too complex or the “wrong fit” for the attorney’s practice and/or client’s objectives. For these and a myriad of other reasons, attorney-client relationships falter or need to end at times like other relationships. The question is when you should change counsel? There are no hard and fast rules on this topic. But this blog addresses three major considerations you should take in changing counsel. Disagreement and emotional responses in litigation can be ...
November 27, 2017CD
The benefit of a high net worth divorce is there is generally money to divide to allow the divorcing spouses to live a comfortable lifestyle after divorce; however, this type of divorce litigation often presents with the form of complex financial, tax, and legal questions. If so, these are necessary to be answered with relative precision before and at trial so the parties can best litigate their legal positions and the trial court has sufficient evidence to divide the marital estate in just and reasonable manner.1 This blog covers four of the challenges that routinely occur in a high-asset divorce, although ...
April 10, 2017Adam Hayes
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody statutes. In the past, the “private” in “private investigator” has conjured up sleazy images for attorneys and litigants, evoking the thought of illegal activity. Today, private investigators use state of the art technology matched with honed observational skills and are consummate ...
July 13, 2016Adam Hayes
Mediation is the rule or expectation before any civil trial. In fact, the Indiana Supreme Court has ruled trial courts can order mediation prior to a trial, such a permissible pre-requisite trial. This is not an unconstitutional denial of access to courts because trial courts can always hear things on an emergency and waive this requirement that is a local rule in most counties. Statistically, most mediations resolve even complex civil cases, including highly contested divorce cases. To make the most of any mediation, there are several keys points to remember and embrace before and mostly during mediation. These are explored ...
April 21, 2016Adam Hayes