The right to marry and divorce in Indiana has historically been limited to male-female relationships. The statutes providing this right remain the same. However, constitutional law is superior to statutes. There have been claims that Indiana’s Marriage and Dissolution statutes are unconstitutional as it relates to unions between same-sex coupled. On September 4, 2014, on appeal from a federal trial court, Baskin v. Bogan, 766 F.3d 648 (2014), the Seventh Circuit of Appeals found Indiana’s statute and an amendment to the Wisconscin constitution banning same sex-marriage was unconstitutional. The United States Supreme Court refused to accept the case on Certorari. Therefore, ...
June 26, 2015Adam Hayes
Federal, state and local gun laws are sometimes driven by emotion following a high profile event in the news as well as policy. Understanding four key dynamics of the law will allow you to stay out of jail and be a respectful gun owner. First, firearms are by design, much like chain saws, gasoline, and baseball bats, inherently dangerous items. This means that there is significant danger to life and limb by improper use. However, because of the political “camps” that are often defined as “pro” or “anti” gun, negligence is more likely to be addressed in the criminal system versus ...
June 4, 2015Adam Hayes
The General Assembly, trial courts, and Indiana appellate courts all are active in protecting children caught in a divorce or paternity cases and in modification proceedings afterwards. The policy, which is a basic tenet of psychology, is aimed at the disruptive effect of moving children back and forth between divorced parents and to discourage the parents from using child custody proceedings for revenge or because something in their live has changed. To modify physical custody (i.e., where the child spends the majority of his or her nights), a parent must show a substantial change in circumstances and modification meets the children’s ...
May 28, 2015Adam Hayes
Tens of thousands of cases are filed and decided by Indiana’s trial court judges each year. Every judge and attorney knows the importance of telling the story of your position to give you your best day in court. However, for the legal system to work as it should, litigants themselves play a key role at trial. These may seem obvious, but it is amazing how the stress of a trial or nervous excitement may cause you not to be prepared for court. Here are some simple tips to be prepared for your day in court. Individually, they may not make a ...
May 26, 2015Adam Hayes
Indiana law changed several years ago to terminate a parent’s general duty to pay child support at 19. However, this law left in place language that allowed a trial court to have the discretion to award higher education expenses.1 Courts frequently award such colleges expenses. This has been subject to great debate among Hoosiers as many states end all support at or around 19. The reason age 19 is part of many statutes is because a senior in high school may turn 19 during his or her senior year. In Indiana, SB 109 was introduced in the most recent session of the ...
May 12, 2015Adam Hayes
Anger. Heartbreak. Loss. All are words that may be associated with an affair and its impact on a relationship. Divorce lawyers and judges hear such all of the time. Sometimes this is coupled with the desire for revenge by disclosing or using such a correspondent’s name in any legal proceeding Under a relatively unknown Indiana statute, it is unlawful for any person, either as a litigant or attorney, to file or cause to be filed, a pleading or motion in a manner as to identify the participant in an affair. This prohibition applies to a divorce, maintenance, annulment, or custody case. In ...
May 7, 2015Adam Hayes
There are thousands of protective orders issued each year in the state of Indiana. But what do you do when you are the recipient of a protective order? If a protective order is issued “Exparte”, this means that the Court has issued a Protective Order (“PO”) without a hearing. This means that the protective order is in effect from the time of service of the PO and you have notice of it. Contact with a person that is prohibited by an Exparte PO could result in your arrest. Therefore, understanding what you can and cannot do, or where you cannot go, ...
May 5, 2015Adam Hayes
Custody of a child is a very important and sometime contentious matter in family law matters, such as dissolution and paternity cases. When both parties live in close proximity to each other and the custodial parent wishes to move a good distance away, which will impact the non-relocating parent’s parenting time, the matter frequently becomes contested. In a recent decision from the Court of Appeals, that affirmed the trial court’s order, the trial court allowed a parent to move within a 100 miles of the custodial parent’s home town. The Court opined that this would still allow the non-custodial parent to ...
April 15, 2015Adam Hayes
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an appeal. Appeals may be taken to the Indiana Court of Appeals or Indiana Supreme Court.1 This blog explores the three major types of appeals. The first two are taken to the Indiana Court of Appeals. This is Indiana's intermediate (middle) court ...
March 31, 2015Adam Hayes
Over time certain major problems in our society achieve social awareness and the corresponding drive to pass criminal and/or civil laws to address the problem. Drinking and driving was a significant problem with much social concern just a few years ago. Now groups like MADD, have brought this matter to the attention and awareness of lawmakers and laws and penalties are much stricter. The general significance of violence, and in particular domestic violence, has created a vast legal toolbox of remedies for lawyers, police, and judges to utilize to keep an individual from threatening or injuring others in or society at ...
March 26, 2015Adam Hayes