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 ...
Tag: drug use
June 30, 2020CD
It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction is at play. The basis for the divorce. Indiana is a no-fault state so the fact that ...
September 20, 2019CD
Every person has done something in their past they are not proud of. Most people have seen or done things they think only they know, things they will not talk about—to anyone, at any time, for any reason. However, in today’s digital world, particularly with skilled forensic private investigators, almost nothing is truly a secret. So, in the ugly world of divorce, even if you do not think it is probable, certain “skeletons” have a remarkable way of coming out of the closet to negatively define your divorce (or paternity case). Once you have lost your credibility with your judge ...
September 7, 2018CD
On Wednesday, August 8, 2018, a decision1 was handed down by the Indiana Court of Appeals that is poised to dramatically increase the number of drug charges and convictions. This is alarming since the headlines of Indiana’s news stories continually recount the State’s “opioid crisis”. At the same time, statistics reflect county jails and Indiana’s prisons are “full” of inmates with drug convictions, at a significant burden to the taxpayer. This stands in contrast with compelling arguments and scientific evidence that other than stopping violence, drug issues are best dealt within the mental health system--not the penal system. Before this ...
August 9, 2018CD
In child custody proceedings, Indiana trial court judges award or modify custody by considering all1 of the evidence in order to determine a custody arrangement in the child’s best interests. There are several statutory considerations for the court to weigh, including the physical and mental health of the parents, as well as any other facts or circumstances that may factor into a child’s best interests as it relates to custody.2 For years, “soft” drug use, such as smoking marijuana, has been considered in awarding or modifying custody in Indiana.3 Further, serious drug addiction/abuse issues sometimes came before trial courts and ...
March 22, 2018CD
The angst of litigation keeps couples with children together long after they probably should have divorced or sought custody modification. In most cases, this is legally, socially, and psychologically sound. This blog explores the common situations where one spouse becomes addicted to prescription drugs, but the other tries maintaining the status quo, eventually “hurts” the parent—and often the children—who he/she is trying to protect to keep the family intact. The nightly news relays the war on codeine based drugs and the lawsuits against manufacturers. Often times spouses become addicted to these substances by virtue of an injury or surgery and not ...
November 22, 2017CD
A topic or term known to perhaps every divorced (or unwed) father in the United States is “fathers’ rights”. Gather a group of fathers together and perhaps there would be no agreement on the precise definition and how this term would, could, or should play out in the divorce or paternity. However, they would agree, on the whole, they believe they are getting “screwed” by the system. Such term, in fact, conjures up discussions ranging from the child support formula (unreasonable amounts it computes for non-custodial fathers) and denial of parenting time to tactical use of protective orders. This is not ...
April 12, 2017CD
There is an old adage that the line between “love” and “hate” is narrow. This line sometimes shifts during divorce proceedings. This blog explores some of the domestic issues this “line” highlights, requiring disclosure to your divorce attorney for him or her to do the best possible job of navigating your divorce. Frankly, we all have life moments we are not proud of that occurred, and sometimes share or experience those with a spouse in a close relationship. The expectation is that this is “unsaid” and will never be shared. Experience of attorneys and judges and professionals (such as psychologists) reflect ...
March 2, 2016Adam Hayes