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 ...
Tag: divorce situation
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
Domestic Violence is a real and prevalent issue in today’s society. Husbands, wives, children, girlfriends, boyfriends, and even extended family members can be a victim of domestic violence or perpetuate violence. Oftentimes, domestic violence can lead to divorce. When one partner is in imminent fear of harm by the other, despite getting a divorce, sometimes the victim needs the added security of a protective order to help keep their attacker at a safe distance. But what happens when protective orders are misused and misapplied? The Indiana Civil Protection Order Act (ICPOA) is the controlling law1. The ICPOA promotes the protection and safety ...
September 27, 2012CD
Often, parties may be experiencing marital discord, but are not ready to file for divorce. For these parties, there is another option; namely, legal separation. A legal separation is filed through the Court system, but does not divorce the parties; rather, it provides a separation period and any incidentals that accompany that separation. In order to begin the process/proceedings for a legal separation, the party requesting must file a verified petition (signed by the filing party) that sets forth several requirements. For example, the petition shall include the residence of each party, the date of marriage, the date of separation, and ...
September 20, 2012CD
"My Spouse is Abusive to Me and Mean to the Kids. Can I Move Out and Home With My Parents in A Nearby State and File for Divorce There?" No. This is often a consideration of a stressed parent. Yet, though this might well provide a healthier environment for everyone involved, this may not have the best legal effect in the long term. There are a few legal issues in play as it relates to moving between states in a divorce situation. In the 1960s and 1970s, the practice was somewhat common. But these divorce and custody cases wreaked havoc and were ...
April 4, 2011CD