Perjury, meaning lying under oath, is a crime in Indiana—and all states. You can also commit perjury by signing a form under penalty of perjury when you know the information you provide is not true or accurate. You have probably heard someone say everyone lies in divorce. This blog discusses distortions versus perjury1 in divorce and what you need to know about the topic and what you can do.
As an initial note, the attorneys in the firm have tried hundreds of divorce cases. Many ... Read More
19
Oct2017
10
Oct2017
As part of a divorce, custody, guardianship or other family law matter, children’s medical records are often sought to address any number of issues. Perhaps the child’s caregiver needs certain medical records for a child to be enrolled in school or an activity/sport. A parent may need the children’s medical records to determine whether child support should continue past the age of nineteen (19) if there is a severe medical issue where the child is incapacitated and there is a ... Read More
07
Sep2017
Once the divorce process is initiated, often times understandably, the parties want to be finished with the process, and each other and move on in life, as quickly as possible. Divorce attorneys sometimes hear the party request a speedy trial. The “Speedy Trial” rule applies to criminal cases. Ultimately, there are several variables that affect how long it takes for the divorce process to be finalized.
Below are three (3) key reasons your divorce may require some patience that is required ... Read More
06
Sep2017
Most civil cases resolve before court; however, a small percentage go to trial. A first and good impression goes a long way toward building a rapport with the judge. A person who acts like court is a burden to attend and dresses casually--like going to the beach--makes less than a good impression.
This blog addresses five key things to do and not to do in court and includes tips from recent observations in our recent trials.
First, normal emotion is expected. However, scoffing at ... Read More
29
Jun2017
Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal suits and those of your friends and family. This blog says in one place at one time the “unsaid” of what is known to and a ... Read More
07
Apr2017
In order to assess the value of a marital business or professional practice for proper consideration by a trial court in a trial, a business valuation is almost always called necessary; there are very advanced tools to assist in determining the value of a business that is utilized by business valuators. Knowing the best litigant is one who is informed, this blog covers three central parts of a business valuation; these individual components may have value outside the business itself, for either party:
Market Value. The market ... Read More
17
Mar2017
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is "crazy". Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis or assessment under the law, and key implications for the divorcing parties.
First, divorce itself is now recognized as a traumatic experience and possible ... Read More
14
Feb2017
A controversial topic across the United States with divorced families or children born out of wedlock is: “Who pays for post-secondary education?” Post-secondary education is generally defined as education beyond high school.
A recent national case in New Jersey brought this matter to the forefront. Here Caitlyn Ricci sued her parents for tuition at Temple University and lost that battle.1 This blog covers post-secondary education as a policy and as it applies in Indiana.
In many states, the duty to pay any support for a child, ... Read More
11
Jan2017
While most domestic cases resolve before trial, those that are tried generally involve unique legal issues, or more commonly, extremely contentious issues such as child custody, amount of parenting time or child support (the two are linked), or serious issues about valuation of assets. Indiana judges get a “hot record”, meaning they are given great deference in judging the witness’s credibility. This blog covers four ways to “torpedo” your case by being a witness that lacks credibility.
The first is ... Read More
01
Dec2016
The economic impact of divorce is clear: it costs more to operate two households than one. For this reason, spouses’ standards of living may well decline post-divorce. That said, aside from the relative percentages of gross weekly income for child support, which may differ significantly, there is the issue of uninsured medical expenses and extra-curricular activities.
Like most families, these are beyond the regular family budget and hard to manage and pay in an intact family. Therefore, this often becomes a battle ground ... Read More