Three Ways to Protect “Loans” From Family and Friends in Divorce Proceedings How can I protect money my parents or friends loaned me (actually “us” legally speaking) from being divided with my spouse in the divorce? A common scenario that unfolds in a divorce is a claim by the husband or wife that certain money in the marital estate and asset was loaned the divorcing couple and should be repaid. In most cases, there is not a perfected loan (document) recognized under Indiana law that is automatically given protection in divorce proceedings because the divorce court cannot undo a proper, binding loan ...
April 3, 2018CD
Searches of Your Home and Suppression of Illegally Obtained Evidence Every citizen is protected from unlawful searches and seizures of his or her person or property by the Fourth Amendment of the U.S. Constitution. This strikes the balance between individual freedom and the needs of law enforcement to protect society as a whole. Where most of us encounter the Fourth Amendment is with a police traffic stop. About everyone has been pulled over for speeding and received a warning or ticket. This blog covers what you need to know about traffic stops and suppression of evidence obtained from an illegal traffic ...
February 15, 2018CD
Every year there is a surge in divorce filings from January to March. Why? Most couples, specifically those with children, are reluctant to break up during the closely-spaced holidays of Thanksgiving, Christmas and New Years; particularly, with the office parties and other events that are almost holiday rituals, like Black Friday shopping. After all, there is a whole year to get divorced before a reset of these holidays and hopefully start the next year with a clean slate as a single person. This blog explores seven key considerations in preparing for a “Happy-New-Year” divorce filing. The children: Perhaps the most important ...
November 15, 2017CD
In complex or high asset divorces, attorneys sometimes face property, such as a vacation home, located abroad. The question becomes, “is this part of the marital estate?” Yes. All property no matter where located is marital property. Indiana subscribes, under the Dissolution Act, to the one pot theory where all assets brought into the marriage, acquired during the marriage, or to the date of filing are assets of the marriage the court can divide. This is settled law. This blog explores enforcement of an Indiana court order dividing or awarding one party a foreign parcel that may be titled in the ...
October 12, 2017CD
Nationally, and certainly within the state of Indiana, a great deal of public interest has been garnered with the passage of the castle doctrine and its companion doctrine, standing one’s ground, into law. However, every seasoned criminal defense attorney knows this defense is poorly understood across the board. Prosecutors, who serve the public, also understand this—although they often have very different views on the scope and meaning of these doctrines. Think you understand them? Think again. Here is the question: Are you willing to die—today--for your understanding, be sued tomorrow for all you have, or go to prison for the rest ...
June 21, 2017CD
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 make sure our constitutional safeguards are not violated. This often means a defendant—guilt notwithstanding—is not convicted. Suppression is a matter ...
April 6, 2017Adam Hayes
Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This blog post generally summarizes the potential use of the UCCJA. In simple terms, the UCCJA allows a parent who files for divorce or takes action in the state where the child is removed to, to have the courts in both states ...
April 13, 2016Adam Hayes
In Indiana, all marital assets, except as otherwise excluded by law, are part of the marital estate a trial court can divide upon divorce. There is a presumption of an equal division (assets – liabilities). However, with certain professionals, this division is complex because of the complexity of what they do. This blog explores these concerns and some resolutions. Perhaps, and first, with professionals who own a business or are involved in a practice (medical, dental, law). The value of business in terms of what it could be bought or sold for varies widely from almost nothing to significant amounts. For ...
February 23, 2016Adam Hayes
Supposing a custodial parent is permitted by a court to relocate with the child to another state, there are often matters that arise after relocation that must be decided by a court with regard to the child. This brings up a relatively frequent question of which court decides, the court in the child’s former state of residence, generally the “home state,” or the state where the child now resides. Generally, the court in the child’s former “home state” retains jurisdiction so long as the non-relocating parent resides there. However, a petition may be filed in the new state asking it to ...
June 16, 2015Adam Hayes
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions you might want to ask your counsel. The Divorce Act. One of the most commonly applicable bodies of law is found under the Indiana Divorce Act statutes. This statute directs that a trial court make a child’s best interest in determining ...
June 2, 2015Adam Hayes