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 ... Read More
04
Sep2019
07
May2019
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 ... Read More
22
Jul2015
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 ... Read More
20
Jun2013
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 ... Read More
25
Apr2013
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 ... Read More
07
Feb2013
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 ... Read More
04
Oct2012
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 ... Read More
11
Sep2012
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 ... Read More
20
May2011
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 ... Read More
18
May2011
The Custody of “Rover” the Dog.
Yes, even the dog pays the price in divorce.
Every experienced divorce attorney has had the conversation with a client about custody of the beloved family dog, affectionately named “Rover” in this post. In the times of high emotion and stress that often accompany a divorce, the unconditional love given by a pet may make all the difference.
Sometimes, this makes the dog a focal point in the divorce. In Indiana, pets are property, and there is no application of the child-custody ... Read More
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