In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce them. But what happens if the settlement agreement was improper or was based on something like fraud? Is there ever any instance in which a court can modify an agreement? The Court of Appeals recently addressed such questions in their ...
Tag: divorce proceedings
July 23, 2020CD
Indiana, having a significant number of military installments, has its fair share of military divorces over the course of any given year. In fact, many attorneys have tried divorce cases over the phone from troops who may not even be able to disclose their location to the trial court. That said, there are protections for military members under the Soldiers’ and Sailors’ Act. This blog surveys key information you need to know if you are a deployed military member who is stationed abroad and wants a divorce or are served with divorce paperwork. As a threshold matter, particularly with adaptations made ...
June 25, 2020CD
Anyone who has watched a courtroom drama or live court TV has probably seen an attorney shout “objection!” while an individual is testifying. However, what is it that is being objected to? Why is this important? At Ciyou & Dixon, P.C., we believe understanding objections made during trial will make you a more informed legal consumer and maximize the quality of your trial testimony. In this blog, we look at four common objections made during testimony in a divorce matter. Hearsay. “Objection! Hearsay.” This is an objection most have heard, but one that still causes a lot of confusion, even for ...
June 16, 2020CD
In most civil litigation, when you are sued, such as in a divorce, which is technically a complaint, you have to provide an answer to avoid a default judgment and losing.1 However, in divorce, there is no requirement to provide a cross-petition (or answer in a technical sense).2 Yet in a few instances, it may make sense to cross-petition. This blog addresses cross-petitions and their uses and some common myths surrounding cross-petitions. Factual mistakes: Perhaps the most common reason to file a cross-petition is that the divorce petition has factual mistakes that should be corrected to have accurate filings before the ...
May 28, 2020CD
Anyone who has found themselves in the middle of a criminal proceeding understands the toll it can take on your life. Your life goes from calm to whirlwind in a blink of an eye, leaving you in a state of confusion. This is understandable as the majority of us don’t walk around having fine-tuned our understanding of the criminal justice system. Yet, having a basic understanding of the criminal justice system could go a long way in helping you be prepared if you are in a criminal situation and your defense attorney is defending your case. In this blog, we ...
May 19, 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
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 ...
December 19, 2019CD
There are many women (and men) who elect to stay home after the birth of their children and be a homemaker. No one doubts this is a full-job, but when divorce strikes it often leaves fear in the stay-at-home parent because he/she had been out of the workforce for so long. This is particularly daunting since Indiana presumes that the parties will divide the marital estate 50/50. There are many potential protections for the spouse who has been out of the workforce for some time. A skilled attorney may use some of these protections to make a just and equitable ...
November 8, 2019CD
Individuals who find themselves in the middle of a paternity or divorce proceeding understand the emotional struggle that comes along with it. Whether it’s a paternity proceeding to establish custody, or a modification of a prior divorce decree, these types of proceedings never tend to get easier for people. For this reason, and some others, people treat these types of proceedings as a way to “air out dirty laundry” of the other. There are certainly numerous pieces of evidence that are relevant to both paternity and divorce proceedings, and you should share important evidence with your attorney (and likely in ...
August 29, 2019CD
Divorce is complex and requires unique steps for each case to be followed before ultimately being finalized—the divorce decree entered, and the parties divorced. There are many avenues that an attorney can take when helping you through your divorce. One of these options is mediation. Most courts order it before a final divorce hearing. However, mediation can be used at any time if this tool makes sense. If you and your spouse are having a difficult time coming to an agreement within your divorce on minor issues or just one issue, it might be time to consider mediation to speed ...
August 1, 2019CD