For most of us, it is easy to be prepared to go to a new doctor’s appointment. We generally know what the doctor wants to know (our medical history) and what brings us to the doctor in the first place (a routine checkup to a lingering pain or bump). On the other hand, most people really do not know what to expect when they first seek an attorney for an auto accident, divorce, or criminal matter. Just the thought of needing an attorney and making an appointment can be overwhelming and create anxiety. Know in an initial consult, the attorney ...
October 17, 2018CD
When the divorce process is started, the first steps often deal with child issues-custody, parenting time, and child support - if applicable. The next steps then involve finances-living expenses, debt, and bill payments. Sometimes the reverse is the case in order of importance. The following are the top ten documents to have, or have access to, to help move your case forward in most divorce cases: Bank account and retirement statements: Bank accounts will generally be the places where money is immediately available and are the funds able to be used for current necessities. Be sure to have all passwords ...
January 22, 2018CD
Almost everyone knows someone who has been, is or will be going through a “terrible” custody battle. The best of parents—acting under the stress of a separation or divorce—experiences a range of emotions from loss to rage. In some cases, the perceptions of the parents are magnified by underlying psychological issues, substance abuse or both and lead to the truly high-conflict custody case. While there is no legal definition for a high conflict custody case, they all share some of the same hallmark behaviors and incidents while (and after the case) pending, including: claims of or actual domestic violence and/or criminal ...
January 4, 2018CD
One of the most important and fundamental aspects of the attorney-client relationship is confidentiality. Generally, communications between clients and their attorneys are confidential in nature and attorneys are prevented by law from revealing any of this information to a third party. Attorneys are acutely aware of this relationship and take great care to protect client information, both within their own offices and in cyberspace. The purpose of this confidential relationship is to allow for clients to give their attorneys honest and accurate information to ensure they are fully advised of their legal rights, without fear of repercussion. The attorney-client privilege is ...
September 27, 2017CD
Once the divorce process is initiated, often times understandably, the parties want to be finished with the process, and each other and move on in life, as quickly as possible. Divorce attorneys sometimes hear the party request a speedy trial. The “Speedy Trial” rule applies to criminal cases. Ultimately, there are several variables that affect how long it takes for the divorce process to be finalized. Below are three (3) key reasons your divorce may require some patience that is required by the Divorce Act or need to properly divide the marital estate, which may make the divorce well, less speedy: 1. ...
September 7, 2017CD
Social media has literally changed the face of the world and how we interact—but nothing compares to Facebook with nearly 2 billion users globally and 210 million users in the United States (most of the population). Instead of real, in-person conversations, many people have substituted Facebooking (and many other social media tools). As you might guess, Facebook has worked its way into courtrooms in two key ways. First, there is a prolific amount of posts and related material on high-profile crimes and divorce—in some respects this is a new hybrid form of tabloid and serious news reporting. Ultimately, there should be ...
May 25, 2017Adam Hayes
Depositions are one of several tools available to parties to obtain information from the opposing party to prepare for trial. When a deposition is set, it is sometimes a great source of stress for the deponent. In fact, most depositions are straight forward. This blog covers some key aspects of depositions to aid readers in understanding the process and to be a better deponent. At the outset of each deposition, a court reporter who will swear the deponent and record word-for-word his or her statement has everyone in the deposition introduce themselves for identification purposes. This is usually followed by the ...
January 19, 2017Adam Hayes
tThe Indiana Dissolution Act encourages parties to reach agreements; and in fact, parties to a divorce can agree to a division of assets that a trial court judge could not order under the law that guides judges. This is because of the constitutional right to contract, strongly enforced by Indiana trial courts, the Court of Appeals, and Indiana Supreme Court. This means that having buyer’s remorse and later wanting to go to a contested divorce trial or further negotiate is not possible. The settlement agreement, assuming approved by the court, is a binding contract. However, there are times when a settlement is ...
September 15, 2016Adam Hayes
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody statutes. In the past, the “private” in “private investigator” has conjured up sleazy images for attorneys and litigants, evoking the thought of illegal activity. Today, private investigators use state of the art technology matched with honed observational skills and are consummate ...
July 13, 2016Adam Hayes
In Indiana, when a trial court issues its order (a final order), it is possible that the consequences are or perceived to be so detrimental that the litigant wishes to stay (stop) the order from being enforced during an appeal. This is not automatic. This blog post explores the two avenues to obtain a stay of a final judgment. Where the case is primarily one that boils down to money, the litigant (who did not prevail at trial), may, in accordance with trial rules or appellate rules, post a sum of money during the appeal. In domestic cases, a trial court ...
April 28, 2016Adam Hayes