Most of us will have multiple jobs during our work career. The days of starting, working for and retiring with a company are mostly past. For divorced parents or those who have children born outside of marriage, a move for a job, new relationship, or the myriad of reasons, the move is more complicated because of Indiana’s custody relocation status. This requires these parents to provide advance notice of relocation or face legal consequences from payment of legal fees to loss of custody. This blog addresses four little-known details or considerations relevant to custody relocation you must know. First, both custodial and ...
January 16, 2019CD
Maybe. The Constitution’s Second Amendment1 right to bear arms is a right enjoyed by most, but one that is not absolute. Perhaps most notable is a person that has a felony conviction---knows just how many consequences come with it. In Indiana (and under federal law), an individual does not have Second Amendment rights with a felony conviction.2 This means he or she cannot purchase firearms.3 Another limitation is the inability to possess a firearm.4 The question or consideration for felons is to know how far constructive possession extends? Does one have to have the firearm on their person with a ...
December 14, 2018CD
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
What You Need to Know About a “Summary of Testimony” Being Admitted in Your Divorce or Other Civil Cases
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 judge in tracking these items and ultimately in the ruling: summaries of the testimony. A summary of the testimony is a written document, ...
October 13, 2017CD
In divorce cases, it sometimes takes a long time for a case to be made ready for trial and a divorce decree entered. For instance, the value of a family business may be in question or the custody of the children. Often times, “discovery” is conducted, which may be a business valuation on a family business or a custody evaluation making recommendations to the trial court about what custody arrangement between the parents is in the children’s best interests. For this reason, the parties are in legal “no-persons land” where each are equally entitled to the custody of the children, use ...
April 21, 2015Adam Hayes
Every parent involved in parenting time and custody exchanges with their child(ren) and the other parent have had tense moments or disputes leading up to the exchange. Some parents feel pressure so great you can “cut it with a pair of scissors.” As each parent’s life has changed after divorce or paternity proceedings, logistics and time itself may make any deviation burdensome on the parents and breed hostility. Nevertheless, in ordinary exchanges or those that follow disputes, there a three tried and true ways to avoid acrimony—which psychologist tell us is always sensed by the child, eroding his or sense of ...
March 19, 2015CD
In previous blogs we have discussed what property is considered “marital” property and subject to division between the spouses when they divorce. Generally, all property owned by either spouse before or during the marriage, regardless of who is the account holder or title holder, is “marital” and divided equitably (fairly, usually 50/50). Determining what IS marital property is only the first step towards dividing it up during a divorce action. The second step is to determine the value. The court has discretion to chose any date of valuation between the date of filing (the petition for dissolution of marriage was first ...
December 16, 2014CD
Indiana follows the “marital pot” theory to determine what property is “marital property.” The “marital pot” theory means that ALL assets and liabilities, owned byeither Husband or Wife BEFORE and DURING the marriage, no matter how the property is titled, is jointly owned by the husband and wife equally and collectively. Indiana is unique in that there is no “separate” property, like many states recognize. Other states may consider debts or assets held before the marriage to be “separate” or property acquired during the marriage by inheritance or gift to be “separate.” Separate property is not subject to division, and is ...
December 11, 2014CD