In today’s world, married couples are as much romantic in their decision to marry as they are doing so for additional financial security. In other words, pure love is not necessarily the sole reason that most fairy-tail weddings are and how they end with a loving and respecting relationship until “death do us part”. For example, some couples separate but stay married because one spouse has a chronic condition and would lose medical coverage with a divorce. Whatever the case may be, what happens if years pass after separation and a divorce action is filed? This blog explores that topic. By ...
Tag: indiana supreme court
December 18, 2020CD
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order. As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ...
December 4, 2020CD
As you may know, the Indiana Supreme Court, as is the case in most states, is the highest judicial authority in the state of Indiana. However, what you may not know is the extent of the Supreme Court’s jurisdiction. In this blog, we look at three considerations in deciding whether you can or should to take your appeal to the Indiana Supreme Court. Original and Exclusive Jurisdiction. The first consideration in deciding whether to take your case to the Indiana Supreme Court is whether your action is a matter where the Supreme Court has what is known as original and exclusive ...
November 12, 2020CD
As stay-at-home orders continue for Indiana, many parents have been denied parenting time on the grounds of COVID-19. The Chief Justice of the Indiana Supreme Court, Loretta Rush, issued an order on March 31, 2020 that parenting time orders remain in force during COVID-19. This means that drop-offs and pick-ups should continue.1 Governor Holcomb’s stay-at-home orders have all made exceptions for court orders (which would include custody and parenting time orders) to be excluded from the stay-at-home orders. This blog explores what you can do if you are being denied parenting time and other parenting time considerations during the COVID-19 ...
May 1, 2020CD
In Indiana, there are thousands and thousands of trials and hearings each year. For litigants who lose on the merits in civil or criminal litigation, there are roughly 3,000 appeals taken to the Indiana Court of Appeals.1 This is Indiana’s intermediate appellate court. The entire appellate process is laborious for the lawyers who handle appeals and time-consuming for the Court because three judges are assigned to review every case. As might be expected, there are comprehensive rules to ensure efficiency and consistency in the process because these appeals come from all of Indiana’s 92 counties. The one rule that can ...
April 30, 2020CD
Most everyone has had the unfortunate experience of being pulled over. Whether it be for speeding, not using a signal, expired plates, etc., traffic stops tend to bring a lot of angst for those being pulled over. This is understandable. You may be wondering, can police simply detain you for as long as they want? Do they need your permission? How long can they detain you? In this blog, we look at the basics of a traffic stop and examine just how long a police officer may be able to detain you during a traffic stop. It should be noted at ...
April 10, 2020CD
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases. Perhaps the most common ...
December 18, 2019CD
Most of us have probably heard the phrase “you have the right to a speedy trial” at some point in our lives. But, you may be wondering, what is the right to a speedy trial? And more importantly, what happens if I am denied a “speedy” trial? This blog provides a brief overview of the right to a speedy trial, as well as the effects a violation of your right may have on your criminal case. The United States and Indiana Constitutions guarantee the right to a speedy trial.1 As our Indiana Supreme Court has stated, “[t]he speedy-trial right is a ...
November 27, 2019CD
Very few cases go directly to the Indiana Supreme Court (ISC) as a matter of right.1 Most cases wind up in the ISC as a matter of discretion. The way this occurs is a party to a Court of Appeals’ (COA) decision (Indiana’s intermediate appellate court) seeks transfer. The ISC must accept the case. When it does so, it vacates the COA’s decision. This blog explores what the ISC may do on transfer and highlights a new case the reflects a change in the way the ISC has operated in the past given the addition of new Justices in the ...
November 19, 2019CD
We have all heard on television or from an unsatisfied litigant they will take their case to the Supreme Court. In reality, most cases have a right to be appealed to the Indiana Court of Appeals (COA). The Indiana Supreme Court (ISC) must accept most cases by a litigant timely filing a Petition to Transfer after the COA decides the case. The Indiana Supreme Court then decides which cases it will take and denies transfer to the remaining cases (it does not hear them). Fortunately, the ISC has published guidance on the types of cases it typically takes (it can ...
October 16, 2019CD