Depositions are one of several tools available to parties to obtain information from the opposing party to prepare for trial. When a deposition is set, it is sometimes a great source of stress for the deponent. In fact, most depositions are straight forward. This blog covers some key aspects of depositions to aid readers in understanding the process and to be a better deponent.
At the outset of each deposition, a court reporter who will swear the deponent and record word-for-word his or her statement has ... Read More
19
Jan2017
20
Sep2016
Law, trial process, and litigation is highly evolved by rules, cases, and statutes to allow trial court judges to receive the most accurate and relevant evidence, subject to tests of veracity, to make a fair and impartial decision. Often these technical rules provide confusion to divorce and custody litigants. This blog post explores the three most common evidentiary rules for these types of matters.
The first is hearsay. Other than what one party said to another ... Read More
20
Apr2016
What They Are and Why They Matter to You
Everyone that has been divorced, ended a relationship, or has had any contact with a divorcing person knows divorces are difficult to impossible for several reasons. At the most basic level, a divorce reflects love and hate and conflict and uncertainty for the future.
This blog post explores the most common dynamics in divorce so you can identify it and be aware of such in your divorce or that of a friend, family member or for general educational purposes. The ... Read More
23
Feb2016
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 ... Read More
17
Feb2016
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 ... 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
17
Nov2015
Divorce is the best of times and the worst of times for most people (parties, friends, and family) all at the same time. It is difficult to manage the day-to-day events and divorce process itself and work or do the events of daily life with the future unknown. In some respects, it is also positive for many people because it signals a life change. Over the course of years, we have observed five critical mistakes parties make that negatively impact their life during and after the ... Read More
20
Aug2015
Twenty years ago, domestic mediation was not common in domestic cases. A primary reason is because spouses were bitter and, perhaps, socially divorce was associated with a courtroom battle. Today all of that has changes. The Indiana Supreme Court has allowed trial courts to order domestic litigants to civil mediation before a contested trial—and trial courts have adopted the view and usually require mediation before a trial.
Because mediation is accepted by our society at large, it has a different perception. This is that divorce cases do resolve at ... Read More
30
Jun2015
The decision to file for dissolution of marriage is often a difficult one, and timing is an issue that is to be considered based on the circumstances of the parties, how long they have resided in the area, and myriad other factors that go into the process of untangling a marriage. Service is the legal term that describes a Respondent in a case being presented paperwork/documentation that a lawsuit involving them has been filed, once the timing is right.
But what happens when a party is not accepting ... Read More
11
Jun2015
Most lawyers get involved in a case and begin representing a client when their life is in a state of confusion, falling apart, and emotionally obscures what the client wants to accomplish. If you face divorce, there are several constructive steps you can take to aid your lawyer in helping you work through the process and figure out your legal objectives.
The five types of “things” you can gather to aid your lawyer in beginning your divorce are as follows:
Last six pay stubs.
Last three years tax returns.
List of all ... Read More
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