In today’s mobile society, it is common for parties to have a second home in another state or country. Many people who are divorcing think this is outside the Indiana divorce court’s jurisdiction because it is not within the state. That is not the case, although it does create several problems for litigants and their attorneys. All marital property brought into the marriage, acquired during the marriage to the date of filing, is marital property for the trial court to divide.1 This blog covers the basics of how homes and other real property located in other places are addressed in ...
Tag: Indiana Divorce
July 30, 2020CD
There are many women (and men) who elect to stay home after the birth of their children and be a homemaker. No one doubts this is a full-job, but when divorce strikes it often leaves fear in the stay-at-home parent because he/she had been out of the workforce for so long. This is particularly daunting since Indiana presumes that the parties will divide the marital estate 50/50. There are many potential protections for the spouse who has been out of the workforce for some time. A skilled attorney may use some of these protections to make a just and equitable ...
November 8, 2019CD
It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction is at play. The basis for the divorce. Indiana is a no-fault state so the fact that ...
September 20, 2019CD
With Americans increasingly living and working abroad as we expand to a global workforce, Indiana divorces with international aspects are not uncommon.1 This blog briefly highlights some of the issues you need to know if you are in this situation. Jurisdiction. As long as one of the parties have lived in the state and county for six (6) months, the Court has jurisdiction to entertain a divorce case and it can make a custody award, divide the property, and divorce the parties. So at a basic level, Indiana courts can provide complete relief for the spouse (and children, if there are ...
September 12, 2019CD
In many affluent states who have significantly different divorce laws, the concept of alimony is common. Generally, alimony is a weekly or monthly stipend paid after the divorce to maintain the other spouse’s standard of living if they had not divorced. This is particularly the case where one spouse has not worked and become accustomed to a certain lifestyle. Indiana does not follow this model and “alimony” is not recognized under Indiana’s divorce act. However, there are at least three ways deft trial counsel can assist with this situation at the time of divorce under Indiana law that are discussed ...
August 20, 2019CD
Divorce can be a complex emotional, financial and business transaction for most spouses. It is one they often do not know much about other than what they have heard from friends or observed on television. This usually has little to do with reality in an Indiana divorce. Over time, we have observed that in initial consults, prospective clients could have obtained more from the process and been on a better path to move forward if they had gathered or composed four types of documents. These are the foundational documents for any divorce and are the subject of this blog post. ...
August 13, 2019CD
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a friend through the process: jurisdiction, property division, and child custody. The fundamentals of each of these components of a divorce are the ...
July 9, 2019CD
In today’s world of cheap flights and parents working globally, it is not uncommon for divorced parents or those with children born out of wedlock to want to take their child to the Caribbean for a vacation or meet up abroad at the end of a work trip. This means the child will need a passport. Under the State Department Guidance, the best way to do so is with both parents authorizing the passport application. However, one parent may apply and obtain a passport for their child if they provide a court order showing they have sole legal custody, such ...
June 27, 2019CD
There is never a good time for a divorce. Just the thought is “sickening” for most spouses. However, some marriages will not withstand the test of time—in fact, roughly half of them—and a divorce will occur. While many factors may play into a divorce, such as timing (i.e., when the kids graduate from high school) and planning (e.g., securing a certain job or finding a place to potentially move if it gets nasty), this blog addresses three situations when you must consider filing for divorce now versus later for your own financial security, protection of your children and minimizing loss ...
May 7, 2019CD
Unfortunately, many marriages in the United States and in Indiana may end in divorce. Usually, it is not a thought in a bride or groom’s mind before their wedding that the marriage will someday end. However, with a relatively high rate of divorce present, and with many individuals re-marrying or getting married for a third or fourth time, more and more individuals are establishing contingencies in case a marriage does not work out. For this reason, some couples choose to enter into pre-marital agreements under Indiana Uniform Premarital Agreement Act (the “Act”) (Ind. Code § 31-11-3-1 et seq.). This blog ...
May 1, 2019CD