Over time, the nature and complexities of divorce have changed. In the 60s and 70s, for instance, before uniform acts were adopted by the states on custody jurisdiction, a parent wanting to obtain child custody simply went on “vacation” with the children to another state, filed divorce, and had custody decided in a more favorable place to their legal objectives. Laws, lawyers, judges, and legislatures have done a great deal to level the playing field for litigants.
However, there are certain “no-nos” even today ... Read More
18
Apr2017
22
Nov2016
Time shares and boats bring many families a great amount of joy during the marriage. However, they sometimes bring back the memory of a divorced or failed relationship and most litigants do not want the timeshare. Upon divorce, time shares are often a great deal of contention in the property settlement because in most locations, they are slow to sell and have on-going dues associated with them. Typically, neither party wants the time share. This blog addresses three (of the other) ways to address time ... Read More
03
Nov2016
While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically 30 days) stands and there are very few legal reasons to bring a challenge at a later date.
In criminal cases, first, the ... Read More
12
May2016
In most cases, a trial ends with a judge or jury verdict for a party. In a small number of cases, the losing party wants to stop the judgment from being executed for a variety of reasons or change the order before an appeal. There are four different ways this may be accomplished, although all are relatively rare.
The first, which is more focused on correcting the error in an order to avoid or limit an appeal, is a Motion to Correct Error. As a general rule, these are not required ... Read More
12
Jan2016
In our mobile society, people relocate for work or move much more frequently than in the past. When new to the State, sometimes it coincides or hastens a rock marriage to divorce. This often presents us with questions about what it takes to file for divorce.
There are four major requirements or considerations. The first is that one of the parties lives in the State for at least six months and the county for three months. Where this is not the case, a divorce ... Read More
16
Dec2015
In child custody ligation, where one parent is seeking primary physical or legal custody over the parent, the “why” the trial court ruled as it did is often important to the parties to help better understand and accept the decision. This rationale is set out in cases with special findings. This is also considered by Indiana’s appellate courts on appeal, if either party requested the trial court to make special findings.
The concept is pretty straight forward. A general judgment allows a trial court ... Read More
22
Sep2015
In a divorce, an attorney by his or her client is supposed to present the value of all household items and other personal property items for the court to divide. The practical question this raises for the parties is how to do this. This blog provides three practice ways to value and put evidence on about the value of such items so the court has a view of the total marital estate.
Big assets (homes, retirement accounts, et cetera) are easy to identify and value. Sometimes small things are not, although no party ... Read More
09
Sep2015
Trials are dynamic events and no two are the same, even on the same or similar issues between the same parties. To have a fair and accurate trial free of most types of evidence that can misdirect a court, there are four key rules of evidence parties and witnesses struggle to follow as sometimes they seem counter-intuitive. These are addressed in this blog post to help you put your best foot forward at trial.
The first is hearsay. Unless the matter is what one “party” (not other witness) has ... Read More
09
Jul2015
With technology and more access to different information on a faster basis, there is much more evidence available to parties, attorneys, professionals, and trial court judges to use making child custody decisions. These need to be identified as early in the divorce process as possible to be useful.
Custody evaluators and GAL’s can use and rely on evidence that might not be admissible in court. Therefore, it is important to work with your attorney to identify the evidence and determine how it is likely to be used to get ... Read More
27
May2015
Conflict and dispute is a part of daily life. Most of the time, conflicts are resolved through means outside of court. In a very small percent of daily or even life matters, there is no ability to resolve the matter outside of a lawsuit. In this case the wonder of the US legal system comes into play.
Litigants go to court and ask a judge to decide a matter. Cast in terms of emotion and winning or losing everything from children to property and freedom, it is ... Read More