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 ...
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 ...
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” ...
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 ...
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 ...
December 11, 2014 / Property Division
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 ...