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 ...
Tag: divorce court
September 11, 2018CD
“We need to discuss a prenuptial!” Or so the conversation begins for some couples who want to marry. A prenuptial, or prenup for short, is a contract parties make between themselves before marrying to address what happens with assets and liabilities in the event of death or divorce. This right is provided in Indiana statutory divorce law and gives the parties substantial flexibility and certainty when the relationship ends on death or divorce. The right to contract in all aspects of life is a powerful right guaranteed in the United States and Indiana constitutions, as it should be, so the ...
August 13, 2018CD
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. Nevertheless, infidelity may be relevant in a divorce ...
August 7, 2018CD
The Use of Forensic Accountants and Private Investigators to Find Hidden Assets in Divorce In Indiana when you file for divorce, there is a rebuttable presumption that the Court is to divide the marital estate or assets 50/50. Sometimes there are allegations that a party has hidden monies and other assets of the marriage that has to be divided. There is a rule that the division of the marital estate cannot exceed its entire value.1 This means that if the total value of the marital estate is a liquid sum of $100,000, and the court follows the presumption, each party would receive ...
November 3, 2017CD
Future Inheritances and Non-Vested Stock Options The Dissolution Act (the laws the cover divorces) gives wide definition to marital property for a divorce court to divide. This includes property acquired before marriage and brought into the marriage; property acquired by joint efforts, and assets that accumulate during the marriage. The divorce court is to presume no matter what type of property this is before it a presumption is an equal division. However, if just and reasonable a divorce court may deviation. However, certain property, such as certain railroad pensions, are not martial property by exclusion by statute. This blog address two much ...
February 8, 2017Adam Hayes
In most marriages, there are good and bad times. At some junctures, most couples contemplate the “what if” of a divorce. However, while by statistics and commonly accepted social norms, divorce is just a part of life, there are many “unsaid” considerations that the statistics and societal norms do not account for. This blog explores 5 key legal and social considerations you should make before considering or filing divorce—that you may not hear from any other person but should consider. First, in almost every case, children of divorce have long-term insecurities surrounding their parents’ divorce. It may well be that the ...
January 26, 2017Adam Hayes
Divorce cases often cover the entire spectrum of law, ranging from complex financial transactions to lengthy custody trials. For this reason, Indiana’s divorce law is very comprehensive to give attorneys, litigants, and judges the ability to “untangle” a relationship that has been years in the making in incremental steps. As such, the parties can agree to terms even a divorce court could not order, so long as it does not agree to waive child support or have terms that are not in the children’s best interests. For this reasons, a divorce may be finalized in several ways. First, in cases of professionals ...
June 16, 2016Adam Hayes
Marriages, particularly those of a long duration, usually intermix marital property of all kinds in organic ways that can be hard for the divorce court to untangle in dividing the marital estate in a just and reasonable manner. There are many aspect of the evidence the trial court must consider. In this blog, we cover five key things that apply in most divorce cases. The first is Indiana follows a one-pot theory, whereby property owned by the parties coming into the marriage, acquired during the marriage up to the point a divorce is filed is marital property.1 Second, the net marital “property” ...
September 24, 2015Adam Hayes
In a divorce, an attorney by his or her client is supposed to present the value of all household items and other personal property items for the court to divide. The practical question this raises for the parties is how to do this. This blog provides three practice ways to value and put evidence on about the value of such items so the court has a view of the total marital estate. Big assets (homes, retirement accounts, et cetera) are easy to identify and value. Sometimes small things are not, although no party wants to re-purchase all items, like clothing, pots ...
September 22, 2015Adam Hayes
Any seasoned divorce attorney has observed the line between love and hate, passion and rage, and similar contrasts are narrow, contradictory, or even overlapping at times. The very dynamics that drove one person to fall in love with the other and have children can be the source of annoyance or worse upon divorce during custody and parenting time. Custody and parenting time are always subject to the divorce court’s jurisdiction and making an initial custody decision or modification based on what is in the child’s best interests.1 As such, attorneys are frequently presented with questions on how to make a given ...
April 7, 2015Adam Hayes