Each of us knows a parent who has given up his or her career to raise their children. Most of us know an empty nest couple who were so focused on the kids, they later realized they have nothing in common when the children leave. This is when the “D” word comes up: Divorce. Additionally, most of readers know that in divorce in Indiana, the courts normally divide the marital estate 50/50. Where a parent is far advanced and in a company and earning a great living, it is difficult to imagine how an equal division is fair to the ...
Tag: divorce in Indiana
September 11, 2020CD
In a divorce in Indiana, everything a party has coming into the marriage and acquired during the marriage until the date of filing is all part of the one-marital pot for the trial court to divide.1 There is a rebuttable presumption the trial court should divide the marital pot equally.2 Effectively, this is everything you both own, minus what you owe, and divide by two, one-half to each party. However, the trial court has the discretion to make an unequal division. That said, in most cases, there is not enough cash to actually make the equal division or deviation from ...
May 15, 2020CD
Most divorce cases, even those involving complex property issues and hotly contested custody matters resolve at mediation. Those that do not often wind up in final hearings that may go over several non-consecutive days over the expanse of weeks or months. After numerous witnesses, arguments over the admission of exhibits, and cross-examination, most litigants cannot wait to get their divorce decree and order so they can start moving on in life. The question is when should you expect it? This answer to this question is, “it depends”. However, in almost all cases, the court will take the matter “under advisement” ...
May 7, 2020CD
Maybe? In Indiana, almost all divorce laws are created by statutes, generally called the Divorce Act. The Legislature specifically created the right to divorce.1 As long as one party puts on evidence of a valid reason for divorce, the other party cannot refuse to divorce. The reasons are irretrievable breakdown of the marriage, conviction of either spouse subsequent to the marriage of a felony, impotence, and incurable insanity of either party for a period of at least two (2) years.2 Any of these reasons and social and/or religious stigma sometimes, will have a party asking if they can file their ...
April 22, 2020CD
Divorce 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 five things for you to consider when undergoing the divorce process in Indiana. You Won’t “Win”. The first thing you must know is that you won’t “win” a divorce. No matter how favorable a divorce decree may be for an individual, no one ever walks away feeling they have really won anything. ...
April 15, 2020CD
Going through a divorce is hard. It is a stressful and emotional time for many. On top of this, divorce can also create complex financial issues. Financial issues tend to arise because people oftentimes forget to ask themselves the necessary questions to ensure financial stability after your divorce has finalized. This blog provides five questions every divorcee should ask themselves before they file for divorce. Do I Have Health Insurance? One of the biggest financial concerns at divorce time is health insurance. Maybe you (and/or your children) obtained health insurance coverage through your soon-to-be-ex-spouse’s work. Or maybe you and your soon-to-be-ex ...
January 21, 2020CD
The most helpful divorce litigant is one who understands the divorce process for the issues in their case (such as disputed custody or division of high assets marital estates). In this blog we will survey some of the key considerations a judge will typically utilize in dividing up high asset estates; generally, these are net marital estates that surpass one million dollars in net worth (after the liabilities are deducted). The place to start in understanding how judges look at property division is with the presumptions in the Divorce Act (the statutes that have been passed by the legislature and signed ...
January 17, 2020CD
Upon divorce, your investment accounts, whether it be a common stock portfolio, retirement account, or pension, is a property that is subject to division upon divorce. That leads many to ask the question of whether they will have to sell the investment account in order to divide it upon divorce? This blog provides a brief overview of how investment accounts are handled upon divorce and provide an answer to the question of whether you are required to sell such investments. In Indiana, all marital property is subject to division in a dissolution of marriage. “Marital property” is property that is owned ...
January 16, 2020CD
Sometimes events occur in a marriage that trigger an immediate divorce filing, such as an episode of domestic violence between the parties and/or the children. More often, a marriage unravels and a spouse “wonders” if they should file and when. No matter when it occurs, divorce is long and emotionally draining experience. In reality, many couples stay together long after the marriage is no longer one based on love and mutual respect for many reasons, such as finances or children. That said, many divorces are filed in January or February of a new year. This blog explores the benefits of ...
January 8, 2020CD
A topic often spoken of in hushed tones or that is perceived as taboo is pre-divorce planning. While some spouses do this in an illicit way, such as liquidating and secreting assets, this is not divorce pre-planning a skilled family law attorney may assist you with.1 While pre-divorce planning is tailored to a specific case, this blog talks about three (3) typical areas of consideration to assist you with understanding the benefits of pre-divorce planning in your situation. Pre-nuptial/Post-Nuptial: Perhaps the most effective pre-divorce planning tool is a pre-nuptial agreement that can cover the disposition of property in the event of ...
December 27, 2019CD