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 ...
Tag: divorce cases
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.
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 ...
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 ...
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 ...
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 ...
Under Indiana law, a trial court starts dividing the marital estate with the presumption of an equal division. There are numerous reasons for the court to deviate and award the other spouse more if it is fair (equitable in legal parlance). A category that is often overlooked is “dissipation” of marital assets, which means the illicit or illegal acts of a party has reduced the amount of the estate available to divide. This blog looks at three common types of dissipation of marital assets. The first ...
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 ...
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them. First, in original divorce cases, it is easy to make off handed comments or otherwise inappropriate testimony in how to divide assets. Indiana, along with other states, is not based on fault. ...
March 2, 2016 / Divorce
There is an old adage that the line between “love” and “hate” is narrow. This line sometimes shifts during divorce proceedings. This blog explores some of the domestic issues this “line” highlights, requiring disclosure to your divorce attorney for him or her to do the best possible job of navigating your divorce. Frankly, we all have life moments we are not proud of that occurred, and sometimes share or experience those with a spouse in a close relationship. The expectation is that this is “unsaid” ...