Yes. However, should you? Divorce is often the best of times and the worst of times at the same time. The turmoil of separating marital assets and deciding custody can take its toll. However, the excitement of the future outside a bad marriage is often exhilarating. That said, divorce is still emotionally taxing and financially hard. And, frankly, sometimes you do not get what you want at hearings and the case drags on and becomes a significant financial burden. It is at this time that all of this hardship leaves many litigants contemplating a change in counsel. This blog covers four ...
Tag: divorce lawyer
December 19, 2019CD
A question most every experienced divorce lawyer has been asked is “Can I obtain joint physical custody?” Joint physical custody literally means the children spend equal (or near equal) time with each parent. There are some standard ways this may be accomplished such as parents having the children on a 3-2-2-3 schedule or 5-2-2-5 (days). In some cases, the parents may even go week-on, week-off. This blog explores the current law on (joint) physical custody, how it may be reached and ordered at trial, and problems that may arise with joint physical custody. Ultimately, a court may order joint physical ...
September 4, 2019CD
There is never a good time for a divorce. Just the thought is “sickening” for most spouses. However, some marriages will not withstand the test of time—in fact, roughly half of them—and a divorce will occur. While many factors may play into a divorce, such as timing (i.e., when the kids graduate from high school) and planning (e.g., securing a certain job or finding a place to potentially move if it gets nasty), this blog addresses three situations when you must consider filing for divorce now versus later for your own financial security, protection of your children and minimizing loss ...
May 7, 2019CD
A common set of questions or concerns with clients or litigants in divorce is why does a divorce take so long (since the statute only says sixty days have to pass), and why can the divorce process become expensive in terms of costs (custody evaluations) and legal fees. At a simple level, a divorce lawyer has had to untangle the emotional dynamics of a case - legally advocating a clients objective in the case as it relates to division of assets in a just and reasonable manner and determining custody in the children’s best interests. There are numerous bodies of law ...
July 22, 2015Adam Hayes
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed. However, there are limitations to who is an expert and what witnesses can testify about. For example, under Indiana law, a licensed clinical social worker is prohibited from providing expert testimony1. Specifically, the Indiana statute allows that social workers can provide factual testimony (ex. the social worker met with the ...
June 20, 2013CD
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this may be overnight depending on the age of the child and the circumstances of the parents) and every other weekend from Friday evening to Sunday evening1. This schedule is a guideline, and can be adjusted according to what is best for ...
April 25, 2013CD
Divorce can be a complicated and stressful process for the parties involved, and it can be even more stressful when there are children of the marriage. Children sense the stress at any age no matter how civil and committed the parents are about keeping the kids out of it. Unfortunately, many divorces involving children become high conflict as the parties fight over custody and parenting time. Sometimes Indiana trial court judges and the higher courts call parenting a “battle ground”. Remember, again, as stressful as this time is for the adults (Mom and Dad) the children, no matter how young or ...
February 7, 2013CD
Divorce proceedings, post decree custody battles, paternity cases, etc., can be both legally and emotionally driven. Many people can become frustrated and angry with the opposing side. But what happens when the other side starts making false statements about you, or even goes so far as to obtain a protective order against you based on false or exaggerated circumstances or incidents? Do you have any recourse? Yes, if unwarranted, you can fight against such allegations under several legal theories. First, if there is a protective order issued, you can request a hearing and defend against the allegations being made ...
October 4, 2012CD
Divorce is often a dynamic and involved process that starts with filing a petition for dissolution of the marriage. After a divorce has been filed, there are several avenues through which the parties can achieve the ultimate result-a divorce. First, and probably the most historically common (but that is changing), the parties can go to court, litigate the issues, and the Court can order the parties divorced. Mediation is another option for dissolution, which is growing in popularity. While a mediator cannot divorce the parties, the issues, such as property division and parenting time, which would be addressed by a Court, ...
September 11, 2012CD
Divorce law is different from other types of law. In fact, it’s different from almost anything you experience in daily work, in the public world, and in private life. Nothing is sacred, or secret. And we all have our secrets. Things that even your closest friend may not know about you, such as a torrid affair, have an uncanny way of coming out in a divorce. The secrecy of these little tidbits — embarrassing, illegal, or wrong things that we all have done — allow us to look at others with a straight face and suppress our own stories. Hopefully, these will ...
May 20, 2011CD