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
08
Nov2019
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
17
Dec2015
Failing to Include Assets and Value Them and Informal Loans from Parents and Third Parties
While emotion often overrides divorce proceedings, particularly where child custody is in dispute, it is key to identify if sufficient evidence of all assets of the marital estate are present. Marital assets also include debts. The Indiana Court of Appeals recent Barton v. Barton case makes this point.
First, loans versus gifts from parents are difficult to determine. It is the litigant’s burden of proof to establish in the ... Read More
13
Oct2011
Most attorneys, along with individuals who work within the legal system, take the legal “jargon” or terms given to the most common documents filed in courts in connection with divorces for granted. Ciyou & Dixon, P.C. advocates believe understanding these basics aid in understanding the more complicated legal concepts contained within those filings.
In this blog post, we cover the five (5) most common terms that are used. We hope when you hear about these, you ... Read More
05
Apr2011
Ciyou & Dixon, P.C. attorneys routinely field questions about technological advances that may be used to gather critical evidence. Indeed, the tools that are available sometimes allow amazing pieces of evidence to be captured, authenticated, and have an evidentiary basis laid for their admission into evidence and use in the courtroom proceedings.
For example, a spouse’s affair and the lavishing of gifts on a younger man may be memorialized in electronic format and played in HD in the courtroom to ... Read More