When a case goes to trial, the information gathering has been completed. Discovery may have been served and answered, depositions may have been taken, research has been done, and fact finding has been completed. But, how do you utilize the best information for trial? Here are three tips to help in information gathering and using information at trial. 1) Tell your attorney the full story A trial surprise can come if a party has not shared full or accurate information with his/her attorney, and this surprise can often be a negative one. In order to prepare the best information, the attorney needs ...
January 9, 2014CD
In the practice of law, especially in domestic cases, there are many steps along the way towards a final resolution. There are of course rules and procedures to follow in the courts, and interim or temporary orders that must be followed until a final settlement or final hearing can be had. As a litigant, you can often become impatient with the slow progress of a case or frustrated when the opposing side continues to throw up road blocks or hurdles. This is ever truer in divorce cases. The decision to divorce is emotional and often thought out and planned for ...
December 10, 2013CD
What Is It? What Is Included? How Is It Divided Up? In Indiana, what property, assets, and liabilities the trial court is to divide is commonly referred to as the “marital pot”. In essence, everything the divorcing parties have is poured into a “pot” and the court divides this in a just and equitable manner. Specifically, a central determination to be made during settlement of a case, or by a trial court after trial of the matter, is how the marital estate or marital property is to be divided. An important concept to understand is that the marital pot includes assets and ...
July 12, 2012CD
Consequences for “Willful Failure” to Comply In domestic law, cases often involve the issuance of several orders by the Court for a number of different issues and reasons. For example, the court may issue orders regarding child support, finances, debt, and/or health insurance coverage during the pendency of the divorce. These orders may come down separately as the issues arise and/or be a part of the final dissolution order. Every order issued by the Court is an order the parties must follow and fulfill, or the party who does not may face a motion for contempt (or, rule to show cause as ...
July 5, 2012CD
When a case has begun, there is a level of information gathering that must be done before trial. Oftentimes, it is this information that can lead to the information which will allow for a settlement or agreement between the parties or that is the basis for trial. Either way, this information gathering, called discovery, is an opportunity for the attorneys on a case to request and evaluate information. Often, interrogatories and requests for production are used. These means allow for the attorneys to send written questions and requests to the other party and sometimes, third parties. For example, an interrogatory might be: ...
April 10, 2012CD
At Ciyou & Dixon, P.C. we find litigants are often confused about the term, “custody”, what it means and the legal right associated with it. A good analogy is to think of a term known to almost all of us, such as a “tire”. We all know what it means? If you run across a dealer in earth moving equipment and advise him or her you need to purchase four tires, we suspect, at least initially, two parties might as well be talking in different languages. Your tire for your SUV is probably about fifty pounds. To the earthmover, a tire ...
October 6, 2011CD
More and more, the mental health dimension of divorce–one of the biggest life stressors– is being accounted for in the legal system. Is this the right tool in your case? All marriages should be seriously evaluated to determine if they can be saved. Ciyou & Dixon, P.C. advocates are firm believers that the hum-drum of marriage masks reality: the grass is not greener on the other side of the fence. That perfect family and life does not exist. For the most part, any situation is what you make of it. Is this your marriage and can counseling help? A key to evaluating ...
July 28, 2011CD
“Shouldn't the person who ruined our marriage pay all for the legal fees for divorce? It's their fault we're getting divorced, not mine.” At Ciyou & Dixon, P.C. we observe a fundamental misunderstandings about America’s legal system is that legal fees can be collected from the opposing side. For the most part, America, including Indiana, has rejected this: the English Rule. Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions. First, in domestic relations cases, which comprise ...
June 23, 2011CD
"Everyone knows everything and everybody in my small county. Can I change counties in Indiana in my divorce case or post-decree modification?" Ciyou & Dixon, P.C. is asked this question on a frequent basis. Clients see the provision for changing counties of venue as applicable to their situation. This rule was revised several years ago, making it harder to change venue from the county where the matter occurred and in which it is filed for trial — although, if the parties agree, they may file in a different county. This change-of-venue rule usually only applies to obtaining a fair jury trial. ...
April 5, 2011CD