In some divorces, there is “foreign” real estate within the total marital estate1. Typically, this falls into one of three categories: (1) a timeshare or some other similar factional ownership; (2) a home or property sited in another state; or (3) a home or property located in another country. Under the Indiana Divorce Act—Indiana’s body of law that guides judges in divorce proceedings—all such real property is subject to the jurisdiction of the divorce court and must be divided. This blog covers the unique legal concepts and issues related to “foreign” real property. The most common type of marital asset is ...
Tag: indiana law
January 8, 2018CD
Many legal cases, including domestic cases, come to a settlement/agreement between the parties prior to a final hearing. One way to reach a settlement is through mediation, where a neutral third party facilitates negotiation and agreement between the parties1. To help encourage the best setting for mediation to hopefully get a case settled and an agreement reached, it is best to be prepared. The following list includes three (3) key items to assist with working toward a successful mediation. Background information: Mediation is a settlement negotiation. It is helpful for the mediator to have some background of the case to understand how the ...
January 15, 2015CD
Child custody is often one of the lengthiest processes in family law, and continues on, often for several years until the child is emancipated. Custody is often ongoing and fluid. Maybe the work schedule of the parents has changed or a parent is required to move for a job. These and many other factors can cause custody or parenting time modification to be filed and addressed, either by agreement or Court Order. In order to modify child custody, there are several factors that are explored, including, the age and sex of the child, the relationship with the child’s parents and siblings, ...
January 6, 2015CD
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed. However, there are limitations to who is an expert and what witnesses can testify about. For example, under Indiana law, a licensed clinical social worker is prohibited from providing expert testimony1. Specifically, the Indiana statute allows that social workers can provide factual testimony (ex. the social worker met with the ...
June 20, 2013CD
In Indiana, children of parents who are divorced, or were never married are entitled to child support from both parents according to each parent’s respective income, the amount of time the child spends with each parent, and other factors.1, 2 Child support is an obligation of both parents to the child until the child reaches the age of nineteen (19).3 Generally, the noncustodial parent pays child support payments to the custodial parent for his or her share of the child’s living and support expenses. In addition to child support, Indiana law provides that parents may be ordered to share in the college ...
May 9, 2013CD
The definition of marriage, and more specifically, which two persons may be legally married, is a complex and contentious topic. It is religious, social, and psychological as much as it legal. The legal system is often the default when there is no other way an issue will be resolved, such as Roe v. Wade. The traditional notion of a family in our modern culture consists of a mother, who has children with the father during the course of the marriage, and two children. However, census and social data indicate this is slowly become more of an exception than the norm. However, ...
February 19, 2013CD
"Do I need to do anything under Indiana law if I am a parent and have to relocate with the children I have custody of?" Yes. Under Indiana law, a Notice of Relocation must be served by the custodial or non-custodial parent even with a local move in Indiana. This must be filed at least ninety (90) days before the proposed move, if possible. This is a newer law. A custody relocation or move across the street must be proceeded by a timely Notice of Intent to Relocate. Where filed, the non-relocating parent may file an objection and seek custody. For the ...
July 5, 2011CD
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs was what was specified by the Legislature in a statute. In other words, if a statute did not allow a local government to regulate firearms ...
May 11, 2011CD