For many couples, divorce is a long, arduous journey. Finally getting the divorce decree marks the end of the road for a broken relationship and opens the door to a world of new possibilities. That said, the actual divorce decree may still leave many legal details to be attended to or a party is placed in substantial risk in the weeks, months, and even years to come. This blog looks at five mistake that are commonly made when a divorce decree is entered—don’t let this be your case. Designation of Beneficiary Status: A designation of a beneficiary is a person named ...
Tag: domestic relations
September 23, 2020CD
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 ...
June 4, 2020CD
In a divorce in Indiana, everything a party has coming into the marriage and acquired during the marriage until the date of filing is all part of the one-marital pot for the trial court to divide.1 There is a rebuttable presumption the trial court should divide the marital pot equally.2 Effectively, this is everything you both own, minus what you owe, and divide by two, one-half to each party. However, the trial court has the discretion to make an unequal division. That said, in most cases, there is not enough cash to actually make the equal division or deviation from ...
May 15, 2020CD
It is safe to say that most adults use some form, if not many, of social media. It keeps friends and family informed, helps with networking for business, and is entertainment at your fingertips. This is all great, but when you are going through a divorce, you may wonder what your social media activity can affect. It is also possible that you wonder what the information you gain from your ex-spouse’s social media can affect. In this blog, we will briefly explore some downfalls for both you and your soon-to-be ex with social media use. Also, we provide some tips ...
December 5, 2019CD
The short answer is, yes, using marijuana can cause you to lose custody of your child. However, this is not a simple black and white rule. The ever-changing legality of marijuana use from state to state has caused pause in the Indiana legal landscape. Things such as the recent announcement by Marion County that it will not prosecute simple marijuana possession charges are part of the reason a simple yes or no cannot answer this question. It is important to know that when it comes to making a custody decision in a child’s best interests, judges treat each case as ...
November 8, 2019CD
Take action now! The holidays are just around the corner. A plan for holiday parenting time needs to be determined before it’s too late. Especially if travel plans are involved now is the time to work out a schedule that will avoid additional stress during the holidays. Even if the parties follow the Indiana Parenting Time Guidelines for holidays, avoid any last-minute glitches by planning ahead for the division of holiday time. Of course, with any holiday parenting time plan, the parties should ultimately consider the best interests of the children so that they are able to see family from ...
October 22, 2019CD