When custody is decided by a court, the over-arching factor guiding the judge is the best interest of the child or children. This seems obvious but is also a broad and nebulous concept that often makes for a tough decision for a judge. While there are cases where there is drug abuse or abuse of the spouse or child, and it is pretty clear and easy for a judge to decide what would be in the child’s best interest, most are not so easy. In a case where both parents are loving, caring and providing for the child, it becomes ...
December 23, 2019CD
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases. Perhaps the most common ...
December 18, 2019CD
It would be naive to think that it is a rare occasion that substance abuse by a parent is raised in divorce and paternity cases; it is common and must be addressed by the courts. In a divorce proceeding it is important to note that, substance abuse, covers a very broad spectrum of “drugs” and is considered in varying degrees. If you find yourself in a situation where the words “substance abuse” have been brought up in your divorce, you may find this blog helpful. It is first important to understand that when an opposing party (husband or wife or father ...
December 13, 2019CD
The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide a brief overview of the two mechanisms for obtaining appellate attorney’s fees in a divorce case, and when to use one over the other. Indiana Code 31-15-10-1 provides that a trial court may order a party to pay a reasonable amount ...
December 6, 2019CD
It is safe to say that most adults use some form, if not many, of social media. It keeps friends and family informed, helps with networking for business, and is entertainment at your fingertips. This is all great, but when you are going through a divorce, you may wonder what your social media activity can affect. It is also possible that you wonder what the information you gain from your ex-spouse’s social media can affect. In this blog, we will briefly explore some downfalls for both you and your soon-to-be ex with social media use. Also, we provide some tips ...
December 5, 2019CD
Often times, individuals feel like asking their soon to be spouse to sign a premarital agreement may be disrespectful, or that even having a conversation about signing one may be awkward. However, premarital agreements, also referred to as prenuptial agreements, actually offer a lot of benefits to couples. While couples contemplating marriage should certainly shoot for the goal of remaining married, unfortunately, life happens, and relationships get strained. Premarital agreements are a way to “hope for the best, and expect the worst.” This blog looks at some of the benefits premarital agreements can offer to prospective spouses. Full Disclosure. Many couples ...
October 23, 2019CD
Divorces are hard. They bring a lot of emotional heartache. One such tool that couples can use to attempt to avoid some of this heartache in the unfortunate event of a divorce is what is known as a pre-nuptial agreement. Pre-nuptial agreements determine how property will be divided upon divorce. Pre-nuptial agreements are contracts, and like contracts, certain requirements must be met in order to be considered valid. While pre-nuptial agreements are very fact specific, they are generally considered valid as long as they are entered into freely and without fraud, duress, or misrepresentation, and are not unconscionable. What makes ...
May 30, 2019CD
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 ...
December 20, 2018CD
From time-to-time, we all hear news stories about large weekly or monthly alimony awards provided to a spouse during and following divorce. The point behind alimony is to maintain that spouse and/or children in a lifestyle similar to what they had been living after a divorce is final. However, every state has different divorce laws and policies, including Indiana. This blog covers what you need to know about “alimony” at and after a divorce in Indiana. As an initial matter, you should know that Indiana does not have “alimony” as you might envision the concept from what is sometimes heard on ...
December 28, 2017CD
Legal Rights and Remedies That Do Not Exist in Indiana Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana. The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards in states like California. This remedy is not available ...
November 20, 2017CD