In today’s digital world with global work and play, people from different cultures, backgrounds, and ages marry. In many cases, there are significant differences in net worth, age, and business ownership. For this reason, some couples choose to enter into pre-marital agreements under Indiana’s Uniform Pre-Marital Act. A prenuptial is a document or series of documents, that specifies what a divorce court is to do in divorcing the parties in a divorce filing when separating their assets and liabilities. This blog addresses legal issues you should understand if you contemplate entering into a pre-marital agreement. The first and most important concept to ...
Tag: divorce law
December 8, 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
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
In our mobile society, people relocate for work or move much more frequently than in the past. When new to the State, sometimes it coincides or hastens a rock marriage to divorce. This often presents us with questions about what it takes to file for divorce. There are four major requirements or considerations. The first is that one of the parties lives in the State for at least six months and the county for three months. Where this is not the case, a divorce filing is unavailable to that party, at least until the time passes for this connection to Indiana. ...
January 12, 2016Adam Hayes
At Ciyou & Dixon, P.C. we observe time and again, divorce is the best and worst of times for litigants (and the attorneys), all at the same time. Everything is changing, yet change is a constant of life and often it (divorce) may enable both parties to go on and grow in new and positive directions in a failed marriage. There are four (4) tips to minimize legal fees and expedite the process to moving on. 1) Reasonable Expectations. The first is to have reasonable legal objectives. For instance, a spouse who wants all of the marital estate or alimony for the wrongs ...
September 6, 2011CD
"Do I need to do anything under Indiana law if I am a parent and have to relocate with the children I have custody of?" Yes. Under Indiana law, a Notice of Relocation must be served by the custodial or non-custodial parent even with a local move in Indiana. This must be filed at least ninety (90) days before the proposed move, if possible. This is a newer law. A custody relocation or move across the street must be proceeded by a timely Notice of Intent to Relocate. Where filed, the non-relocating parent may file an objection and seek custody. For the ...
July 5, 2011CD
“I married a much younger man. He brought most all of the assets into our marriage, which is over $1 million. It is not working out. If I file for divorce, what am I entitled to under Indiana law?” The presumptive division of the marital estate is 50/50. In addition, Indiana is a one-pot theory state. What this means is that assets owned before the marriage, obtained during the marriage, or after it before separation, are included in the martial estate to be divided (a.k.a. Division of Assets) by the trial court. However, for marriage of short-duration, the Divorce Act directs trial ...
June 30, 2011CD