The keys to making your best case for obtaining what you want in a divorce trial by focusing on the obvious and basics—but what is rarely ever consciously considered by the parties before or at trial.
Legal Rights and Remedies That Do Not Exist in Indiana Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana. The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards ...
The polygraph test has urban myth status among a large segment of society. A polygraph test is an important tool in every lawyer’s toolbox--including that of the criminal defense attorney. This blog post explores the myriad of uses and limits of a polygraph and similar tests in the legal system today, as well as those for the future. Will a polygraph test prove useful in your criminal matter (civil)? A common agreement among criminal defense lawyers is individuals should not make statements to police officers if ...
Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance. Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3) years when a spouse needs extra support while obtaining employment-related education or training. There are four (4) considerations the trial court considers in making such an award: ...
What You Need to Know About a “Summary of Testimony” Being Admitted in Your Divorce or Other Civil Cases
October 13, 2017 / Divorce
In many civil cases, particularly divorce preliminary and final hearings, the judge receives many types of information or evidence, from who should have the house, to the division of accounts and debts, to forks and household items. Despite the clearest testimony and diligence of judge, it is hard to identify and track all of this information for the attorneys and judges during the dynamics of a trial. This blog covers a common tool many attorneys use that aids the ...
Social media has literally changed the face of the world and how we interact—but nothing compares to Facebook with nearly 2 billion users globally and 210 million users in the United States (most of the population). Instead of real, in-person conversations, many people have substituted Facebooking (and many other social media tools). As you might guess, Facebook has worked its way into courtrooms in two key ways. First, there is a prolific amount of posts and related material on high-profile ...
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction. The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to ...
March 30, 2017 / Divorce
Everyone has watched courtroom television dramas unfold in which a fictional attorney stands up in courtrooms and witness by loudly exclaiming, “I object!” Next, the opposing counsel scoffs, and mutters something under his breath, while the judge decides whether to allow the testimony (this is overruling the objection if the witness is allowed to continue). On television, a scene like this certainly serves its dramatic, cinematic purpose, but when you are in an actual courtroom proceeding, understanding the ...
March 20, 2017 / Indiana Court of Appeals
Indiana is fortunate to have an intermediate court, the Indiana Court of Appeals, where final judgments from Indiana’s trial courts may be taken as a matter of right for most of the tens of thousands of cases decided each year. This blog post focuses on the ways this Court may decide and rule on an appeal. In the broadest terms, there are two primary “options” the Court of Appeals may rule, labeled: “Affirmed” or “Reversed”. Affirming a trial court order agrees ...
February 21, 2017 / Custody Modification
Indiana’s elected judges are tasked with the important job of weighing the evidence of the parties’ positions when presented with a custody modification case or contempt of court for a wide range of circumstances, such parenting time interference. In a recent key dissent (from granting transfer [i.e., taking the case by its discretion]), the Indiana Supreme Court1 signaled that when the facts can support but one conclusion—a parent has intentionally interfered with parenting time--such continual interference itself can ...