In many affluent states who have significantly different divorce laws, the concept of alimony is common. Generally, alimony is a weekly or monthly stipend paid after the divorce to maintain the other spouse’s standard of living if they had not divorced. This is particularly the case where one spouse has not worked and become accustomed to a certain lifestyle. Indiana does not follow this model and “alimony” is not recognized under Indiana’s divorce act. However, there are at least three ways deft trial counsel can assist with this situation ... Read More
20
Aug2019
19
Aug2019
Indiana trial court judges are tasked with the duty to make sure that at the time of divorce (or paternity) adjudication the children’s best interests are met. If the parents have an agreement on custody and it is not contested, they may infer that agreement of the parties is in the children’s best interests. However, where physical and/or legal custody is contested, there are four key ways a trial court judge determines what is in a ... Read More
14
Aug2019
Most litigants to go court expecting to “win” their case. However, most domestic (divorce or paternity) cases are not one side really winning or losing because so many issues are being decided, such as physical custody, legal custody, child support, and in divorce cases, property division. So it is unlikely any particular litigant “wins” every issue. Most litigants accept the trial court decision. However, there is a right to appeal. This is where the concept of special findings comes ... Read More
13
Aug2019
Divorce can be a complex emotional, financial and business transaction for most spouses. It is one they often do not know much about other than what they have heard from friends or observed on television. This usually has little to do with reality in an Indiana divorce. Over time, we have observed that in initial consults, prospective clients could have obtained more from the process and been on a better path to move forward if they had gathered ... Read More
12
Aug2019
Most divorcing couples and divorced parties (and parties to paternity cases) know that if they move (or “relocate” in legal parlance) during or after a divorce/paternity, they must file a Notice of Intent to Relocate. For a long period, most of Indiana followed Marion County’s rule on relocation, which meant a party could move 100 miles without taking any legal action. However, in recent years that changed when the Legislature passed a new relocation statute.1 This statute required a moving ... 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
24
Jul2019
Divorce preliminary and final hearings occur across the state every day. Most litigants have some general knowledge of what occurs and are prepared for the process by their attorneys. However, in a significant number of cases one or both parties make the same avoidable mistakes that cause them to lose credibility with the court—or worse yet—lose their case because of their disruptive behavior. The take-away from this blog is there are simple mistakes to identify but often hard in the pressure of the courtroom to ... Read More
18
Jul2019
Going through a divorce is one of the most stressful events in a person’s life – don’t cause yourself additional stress by racking up unnecessary attorney’s fees. Discovery is a part of the divorce process where many litigants “waste” their money. In its most basic form, discovery is used for parties to gain information about each other and to accurately provide facts for the judge for later trial evidence. Discovery is one of the most important steps during the divorce ... Read More
09
Jul2019
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a ... Read More
01
Jul2019
In law, there are innumerable situations without clear answers. With this particular question, as a general rule, the answer is, “probably not”. This was somewhat common in the 1960s and 1970s. As a result, the states eventually adopted a version of the Uniform Child Custody Jurisdiction Act.1 This law provides a mechanism for states that are competing over the matter between two parents to resolve their dispute over at least custody of ... Read More