Divorces can be complex matters, often times involving extensive discovery.1 One key to obtain information in divorces is by depositions. Depositions are unique in that they require you to actively participate with the attorneys. Depositions require a large amount of involvement on the part of the client, it is important to have a basic understanding of depositions and what to expect. In this blog, we provide five tips for a deposition in your divorce case.
Tell the Truth. While it may seem like a cliché, the first tip for a divorce litigant going into a deposition is to tell the truth. To ... Read More
Tag: Divorce
29
Jul2020
23
Jul2020
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce them. But what happens if the settlement agreement was improper or was based on something like fraud? Is there ever any instance in which a court can modify an agreement? The Court of Appeals recently addressed such questions in their ... Read More
07
Jul2020
Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought often is to appeal. Sometimes this is possible and sometimes it is not. Further, there are a number of different reasons to appeal. When and why you should appeal a loss in custody litigation is the focus of this blog ... Read More
06
Jul2020
A lot of mystery seems to surround the division of assets when parties file for divorce and call the end to the marriage. Numerous questions arise. Do I get to keep family heirlooms I brought into the marriage? Does my spouse get a part of my 401(k) as he or she has her own? If our marriage has only lasted a few years, and I brought most of the assets into the marriage, do I get to keep them? This blog answers these questions generally by discussing Indiana’s one-pot theory and the presumption of an equal division of assets.1
Perhaps the ... Read More
02
Jul2020
There is general agreement among the bench and bar that parents should not call their children as witnesses in their divorce of post-decree modification cases. Putting any child on the stand is a traumatic experience and one that usually makes them pick sides. On the other hand, while there are a lot of ways a child’s views can be made known to a court, such as a custody evaluation, sometimes with older children or in very unique circumstances, a party wants a judge to hear the child directly address the Court. This can be done outside the litigants’ presence. This ... Read More
30
Jun2020
Almost every seasoned divorce attorney has been blindsided in court from some significant evidence (documents or testimony) that has a detrimental impact on his or her client’s case. The conventional thinking may be my spouse does not know about it or would not dare to raise it in our divorce trial. Think again. However, that is almost always not the case. Evidence of some pattern of bad behavior or deviant conduct to illegal activity, if relevant, can change the court’s direction in its award of custody and division of property. The last place your divorce attorney should hear this for ... Read More
24
Jun2020
In Indiana, assets acquired by either party before the marriage and brought into the marriage, acquired during the marriage and up to the date of filing, are considered marital property subject to the court’s division. Furthermore, the presumption for a just and equitable division is a 50/50 division, although the trial court has vast discretion to deviate for any fair reason.1 Where worker’s comp awards of personal injury settlements (particularly structured settlements) come into play, they generate a lot of confusion and acrimony between the parties. This blog generally surveys the legal landscape and covers what you may do with ... Read More
16
Jun2020
Anyone who has watched a courtroom drama or live court TV has probably seen an attorney shout “objection!” while an individual is testifying. However, what is it that is being objected to? Why is this important? At Ciyou & Dixon, P.C., we believe understanding objections made during trial will make you a more informed legal consumer and maximize the quality of your trial testimony. In this blog, we look at four common objections made during testimony in a divorce matter.
Hearsay. “Objection! Hearsay.” This is an objection most have heard, but one that still causes a lot of confusion, even for ... Read More
05
Jun2020
Yes. No. Maybe.
In Indiana, child custody is always modifiable, if modification is in the child’s best interests and there is a substantial change in one (1) or more factors1 the court can consider under the initial custody determination statute, namely (1) the age and sex of the child; (2) the wishes of the child’s parent or parents; (3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age; (4) the interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and ... Read More
04
Jun2020
Most seasoned family law attorneys have consulted with divorced parties who learn after the divorce, that a spouse did not disclose assets. These potential clients want to know what, if any remedy, they have in pursuing their share of that asset. The threshold issue is to determine from a cost-benefit analysis if the fight is worth your percentage of the non-disclosed asset. If the account or asset is only worth a few hundred or thousand dollars, then the legal fees and emotional grief related to litigation usually are not worth the fight. On the other hand, if the secreted asset ... Read More