Divorce matters are often stressful and trying times for a family that is undergoing radical changes. This is no different for the individuals in a same-sex marriage who seek to get divorced. However, spouses in a same-sex marriage may face certain hurdles or unique circumstances given that nationwide same-sex marriage was only recognized more recently via the United States Supreme Court’s holding in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). This blog explores some of the unique specific issues that a same-sex couple may face when getting divorced. Property Division. Indiana subscribes, under the Dissolution Act, to the “one pot” ...
April 25, 2019CD
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. Increasingly common, whether due to the mobility of individuals, an increase in remote employment, or otherwise, are divorces that involve some aspect that creates a multi-jurisdictional or even international element. Common examples include couples who are divorcing who have different citizenship, a couple where one spouse has a job placement overseas for a period of time, or a couple who may own property in multiple countries. Each of these situations creates an added layer of complexity in resolving the divorce, whether the multi-jurisdictional element ...
April 9, 2019CD
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. Many may picture a mom, a dad, and a couple of children when thinking of what was called a “nuclear family.” However, the truth is, families, often, do not resemble a nuclear family. Families may consist of same-sex couples, single parents, step-parents, half-siblings, adopted children, aunts, uncles, third-party custodians, or a myriad of other possibilities. On this note, it has become increasingly common for grandparents to play an active role in raising a child while the child’s parents are at work or ...
March 28, 2019CD
Going through a divorce or raising a child who was born outside of a marriage comes with unique challenges for custodial and non-custodial parents alike. Despite these challenges, such parents are not immune to other changes and challenges that life may throw their way. After a divorce or after having a child outside of marriage, a parent may obtain a new career opportunity, engage in a new relationship, desire to move closer to their hometown or their family, or have to move closer to provide care to an ailing family member. Whatever the reason, moving when you are in a ...
March 26, 2019CD
Unfortunately, when a couple divorces, all members of the family must adjust to a new dynamic. Despite provisions for parenting time and visitation rights in various statutes, a divorce may disrupt the relationship between children and parents and limit the time they get to spend together. However, with the incidence of divorce being high, and with step-parents playing an ever-increasing role in children’s lives, a step-parent may wonder what rights they may have after they separate from a biological parent of a child. This blog explores some recent Indiana cases on this subject. An important concept: the difference between custody, parenting ...
March 14, 2019CD
Custody disputes between a minor child’s parents, grandparents, relatives, and/or others in a minor child’s life can arise in a variety of different cases – marriage dissolutions (divorces), paternity cases, and guardianships are just a few. Other times, one of the parties involved in a child’s life may petition for a modification of custody under certain circumstances. The type of evidence that you may be required to present may be different depending on the type of case you are litigating and the current custody status of the minor child who is the subject of the custody dispute. However, this blog ...
February 14, 2019CD
Whoever said “there is a fine line between love and hate” was on to something. Frequently, two people who were madly in love, somewhere stumbled and are now getting a divorce. As you may have already figured out, those loving days are gone, and not only are they gone, but that love has been replaced, in most cases, with resentment towards the other person. So, what do you do when you are going through a divorce? What shouldn’t you do? How do I act? How should I treat the other person? These are all valid questions. In this blog, we ...
January 31, 2019CD
One of the best ways to make the most of a divorce is to try to remove yourself from the emotion and clearly understand what you want, why, and if your legal desires are realistic. Divorce law is complex making this difficult. However, there are three pervasive myths about divorce law that have many litigants confused before they even consult with counsel. They are debunked and the focus of this blog. The first myth is with property (e.g., stocks, bonds, cash, homes) that a party brought into the marriage. Indiana is a “one-pot theory” state for divorce. What this means is ...
January 24, 2019CD
While children are resilient and “bounce back”, modifying physical custody from one parent to another parent is a major life factor that may impact the child’s fundamental sense of safety, security, and stability. For this reason, there are two common factual situations where custody modification does not make a strong legal case. The first is where the non-custodial parent’s life has improved, but this has had little impact on how the kids are doing in the custodial parent’s care. Remember, the legal focus for modification is on the children’s best interest. So, for instance, a parent who has achieved long-term sobriety ...
May 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