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 ... Read More
28
May2020
19
May2020
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 ... Read More
22
Apr2020
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, ... Read More
19
Dec2019
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 ... Read More
08
Nov2019
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. ... Read More
29
Aug2019
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 ... Read More
01
Aug2019
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 ... Read More
23
Jul2018
In many cases, when the marriage is “done”, the question becomes “how fast can I get a divorce?”. The answer is, “it depends”. No one likes the uncertainty and turmoil associated with divorce. Often, a divorce significantly impacts family, friends, and work. So, in theory for most litigants, the sooner the divorce is complete, and the marriage dissolved, the better it is to move on in life. As a statutory matter, sixty days must pass before a trial court can enter a divorce if there is an agreement on all ... Read More
15
Nov2017
Every year there is a surge in divorce filings from January to March. Why? Most couples, specifically those with children, are reluctant to break up during the closely-spaced holidays of Thanksgiving, Christmas and New Years; particularly, with the office parties and other events that are almost holiday rituals, like Black Friday shopping. After all, there is a whole year to get divorced before a reset of these holidays and hopefully start the next year with a clean slate as a single person. This blog explores seven key ... Read More
03
Nov2017
The Use of Forensic Accountants and Private Investigators to Find Hidden Assets in Divorce
In Indiana when you file for divorce, there is a rebuttable presumption that the Court is to divide the marital estate or assets 50/50. Sometimes there are allegations that a party has hidden monies and other assets of the marriage that has to be divided. There is a rule that the division of the marital estate cannot exceed its entire value.1
This means that if the total value of the ... Read More
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