Each of us knows a parent who has given up his or her career to raise their children. Most of us know an empty nest couple who were so focused on the kids, they later realized they have nothing in common when the children leave. This is when the “D” word comes up: Divorce. Additionally, most of readers know that in divorce in Indiana, the courts normally divide the marital estate 50/50. Where a parent is far advanced and in a company and earning a great living, it is difficult to imagine how an equal division is fair to the ...
September 11, 2020CD
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce them. But what happens if the settlement agreement was improper or was based on something like fraud? Is there ever any instance in which a court can modify an agreement? The Court of Appeals recently addressed such questions in their ...
July 23, 2020CD
Most divorce cases, even those involving complex property issues and hotly contested custody matters resolve at mediation. Those that do not often wind up in final hearings that may go over several non-consecutive days over the expanse of weeks or months. After numerous witnesses, arguments over the admission of exhibits, and cross-examination, most litigants cannot wait to get their divorce decree and order so they can start moving on in life. The question is when should you expect it? This answer to this question is, “it depends”. However, in almost all cases, the court will take the matter “under advisement” ...
May 7, 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
Mediation is a beneficial tool for many who find themselves involved in child custody litigation. Not only is mediation cost-efficient relative to a trial, but it can lead to quicker resolutions. However, mediation is only as beneficial as you make it. In this blog, we provide three tips for preparing to go to mediation in a child custody proceeding. Be Open-Minded. The first tip is to remember to be open-minded going to mediation. Remember that mediation is simply a negotiation between the parties, so you must be willing to negotiate. Many litigants go into mediation with a mindset that makes him/her ...
February 19, 2020CD
In most divorce and post-decree custody cases, Indiana trial courts have local rules requiring the parties to attend mediation before a hearing/trial. While the court can waive this requirement, it is constitutional to mandate the parties go to mediation before trial.1 Statistically speaking, a significant majority of domestic cases settle at mediation. However, to make the most of your mediation, there are three keys to ensuring you enter mediation prepared for a complete resolution; they are analyzed in this blog post. The first is having the documents (in paper or electronic format) to show the value of all significant assets and ...
November 15, 2019CD
Everyone who begins a divorce watches television or has a friend who has certain beliefs in the divorce system that often shape how they talk about the process, view it and sometimes advise their friends. In this blog, we address three myths that are commonplace in Indiana. Avoid these and make the most of your divorce and expectations. Sixty-day divorce. Under the Divorce Act, the court can divorce parties in 60 days. However, divorce is a complex financial transaction and where there are children involved, one that their best interests must be addressed. Where there is a marriage of any duration, ...
August 23, 2019CD
Divorce is complex and requires unique steps for each case to be followed before ultimately being finalized—the divorce decree entered, and the parties divorced. There are many avenues that an attorney can take when helping you through your divorce. One of these options is mediation. Most courts order it before a final divorce hearing. However, mediation can be used at any time if this tool makes sense. If you and your spouse are having a difficult time coming to an agreement within your divorce on minor issues or just one issue, it might be time to consider mediation to speed ...
August 1, 2019CD
One of the most frequent questions that personal injury attorneys gets asked by prospective clients is “What is my case worth?” after an individual has been injured in an accident. Unfortunately, this is a very difficult question to answer because the answer depends on a myriad of factors, many of which are outside the control of both the injured person and his or her attorney. In fact, it may be a bit reckless for an attorney to provide a clear-cut answer to that question because attorneys cannot predict the future, and again, personal injury cases depend on many factors which ...
April 29, 2019CD
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