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, ...
October 17, 2018 / General Practice
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 ...
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 statute, a divorce must be filed and a sixty-day period pass before the parties can be divorced. This blog explores this legal concept and others that often create confusion for litigants and is necessary to live with the stress of a divorce proceeding. Staring with the waiting period, it is truly rare that a divorce decree issues on day 60. This is because divorce is much like unraveling two battling business partners—there are numerous issues that take time and research to explore, such ...
December 6, 2016 / Mediation
Several years ago, the Indiana Supreme Court decided an Indiana trial court judge could order a case to mediation before giving a trial court date without any such rule violating the right to open access to courts. This is because in the right case, an Indiana trial court judge could and can hear a case and waive any court-specific rule or local rule for the county to participate in mediation before a hearing. With this case, mediation was firmly established ...
Most parents, judges, and domestic attorneys view hearings and custody modifications or contempt filings as a last resort, not the first way to resolve a dispute. However, the conflict of divorce or post-divorce matters often obscures some of the legal and non-legal methods parents may resolve disputes about parenting time outside of court. The first and relatively newer type of tool is a parenting coordinator. There are different levels of authority a “PC” may have. These range from just trying to broker ...
Mediation is the rule or expectation before any civil trial. In fact, the Indiana Supreme Court has ruled trial courts can order mediation prior to a trial, such a permissible pre-requisite trial. This is not an unconstitutional denial of access to courts because trial courts can always hear things on an emergency and waive this requirement that is a local rule in most counties. Statistically, most mediations resolve even complex civil cases, including highly contested divorce cases. To make the most of any mediation, there are several keys ...
In Indiana, there is a 60 day cooling off period for divorce. This sometimes creates the assumption of litigants who want a divorce that it will be completed in that time frame. In almost all cases, that will not occur. This blog explores the four major components that have to occur before obtaining a divorce so you better understand the process. Many times, the parties think about a divorce but do not file or reconcile or go into counseling after filing ...
The mediation process is confidential, and a mediator can only report to the court whether the parties settle, providing the agreement or did not settle. The parties and litigants also cannot relay anything they learn in mediation during the litigation process. However, even with these limitations, a failed mediation is usually very helpful to the parties in moving forward in four ways. First, a party learns about the case and how it is viewed by the other side in weaknesses (and inferentially in ...
February 17, 2016 / Divorce Mediation
Just a few short years ago, civil litigants had two basic choices to resolve their disputes. The first was to find a way to settle the matter between counsels and themselves or go to trial. Then mediation started to “catch on.” This is where a neutral party but not a judge, who is usually experienced in the issue at hand, tries at the direction of the court to help the parties reach an agreement themselves with their counsels’ assistance. Later, the ...