Often we receive calls from litigants who are seeking to appeal a trial court order that was unfavorable to us, and one of the first questions we always ask is “when was the order issued?” This is an important question, because, while every litigant has the right to one appeal (to the Court of Appeals in Indiana), there are very specific deadlines to filing the Notice of Appeal, and if the Notice is not filed on time, the litigant loses his or her right to appeal at all.
Pursuant to the Indiana Rules of Appellate Procedure, Rule 9(A), to perfect an ... Read More
In family law matters, custody will be determined as an initial matter to a divorce or paternity proceeding1 or can be later modified once it has been established2. There are several factors that determine physical and legal custody, with the best interest of the child(ren) being paramount.
However, once custody is established, can custody be changed? The answer generally is yes; however, there are limitations to changing or modifying custody. For example, if an initial custody determination is made and Father is granted physical custody, Mother may file to modify physical custody to her.
To achieve this, she would need to file ... Read More
When a petition for dissolution of marriage is filed by either party, husband or wife, it is generally filed in the county where both parties reside. However, there are some exceptions. For example, if the parties have been separated for a period of time and live in different counties, it may be filed where only one party currently resides.
To file for divorce in Indiana, there is a residency requirement. Specifically, the law states that at least one of the parties shall have lived in Indiana for at least six (6) months, and the county of filing for three (3) months.1 ... Read More