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 ...
Tag: divorce court
February 8, 2017 / Division of Assets
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 ...
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 ...
June 16, 2016 / Divorce
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 ...
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 ...
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 ...
Contractual Obligations, Child Support and Income Withholding, and COBRA Unlike the larger body of civil law, domestic relations has mostly grey statutory provisions that are equitable as much as they are legal. The reason for this is life is anything but organized and linear. It is messy and filled with emotions ranging from happy to sad. A trial court, by default, is left to solve financial-to-legal problems that appear to ...
Most business lawyers and owners understand the uses and benefits (mostly) of utilizing a business structure for a family-owned business (or any other business). When properly formed and maintained, such a structure does have many beneficial things; and it has tax benefits and apportions liability between individuals (spouses) and the entity and allows insuring risk and apportioning liability by contract. These are very important individual and ...
As advocates who have handled hundreds of different physical custody modification cases, Ciyou & Dixon, P.C. advocates find all fall into two (2) strong factual cases for modification and two (2) weak ones (which are easier to defend). If you desire to modify custody, or are defending against a modification as a custodial parent, it is helpful to determine what type of case you have. The more insight you have, the more ...