Going through a divorce is hard. It is a stressful and emotional time for many. On top of this, divorce can also create complex financial issues. Financial issues tend to arise because people oftentimes forget to ask themselves the necessary questions to ensure financial stability after your divorce has finalized. This blog provides five questions every divorcee should ask themselves before they file for divorce.
Do I Have Health Insurance? One of the biggest financial concerns at divorce time is health insurance. Maybe you (and/or your children) obtained health insurance coverage through your soon-to-be-ex-spouse’s work. Or maybe you and your soon-to-be-ex ... Read More
Tag: property division
21
Jan2020
10
Oct2019
Going through a divorce is one of the most stressful events in a person’s life. On top of the emotional and mental aspects of divorce, it can also create complex financial issues. Common questions include “who gets the house?” or “who gets the retirement fund?”. Unfortunately, there is no hard and fast rule to answer those types of questions. Each case is fact sensitive. This is where seasoned divorce attorneys and clients spend their time; trying to figure out what makes sense financially and otherwise in the division in the post-divorce world. This blog provides a brief overview of what ... Read More
20
Sep2019
It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction is at play.
The basis for the divorce. Indiana is a no-fault state so the fact that ... Read More
09
Jul2019
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a friend through the process: jurisdiction, property division, and child custody. The fundamentals of each of these components of a divorce are the ... Read More
24
Jan2019
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 ... Read More
15
Jan2019
Probably. Divorce is unique in civil suits because the parties likely will continue to know each other (particularly) if they have children and interact into the future. With a divorce if you lose custody, child support is wrong, or the property is not properly divided or completely divided, you need to appeal to protect your future rights. This blog explores why you should consider an appeal in divorce and paternity cases.
Where children are involved (divorce or paternity), if child custody is at issue, the parent who does not prevail should consider an appeal if there are viable issues. Just waiting ... Read More
11
Sep2018
No. Maybe. Even in today’s digital world, marital infidelity is difficult to define. Nevertheless, statistics show that “cheating” is one of the biggest factors in filing for divorce. Decades ago, the various states adopted the concept of no-fault divorce. This means if one party states the marriage is broken and wants a divorce, this is enough for the court to have jurisdiction over the matter. In the past, adultery or other wrongdoing was required; this is no longer the case.
There are now specific statutory reasons for a divorce under current Indiana law: irretrievable breakdown of the marriage; the conviction for ... Read More
29
Aug2018
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision? You are not happy with the result. Maybe you feel the property division was unfair, or maybe you did not get joint custody. Whether you disagree with one provision or several, you have a right to appeal your divorce decree to the Indiana Court of Appeals. When ... Read More
15
May2018
Life is messy. Divorce really is messy and emotional; this plays out in the courtroom. Trial court judges often face the presentation of evidence in final hearings that is disorganized and ranges from notes and texts to emails and photos. With highly contested divorces, there may be multiple days of hearings over many months or even years. Mostly, for this reason, there are three common mistakes that occur in final decrees that make for strong appeals. This blog covers these three issues for appeal.1
The issue that arises in such a context is divorce litigation where there numerous real and personal ... Read More
03
Apr2018
Three Ways to Protect “Loans” From Family and Friends in Divorce Proceedings
How can I protect money my parents or friends loaned me (actually “us” legally speaking) from being divided with my spouse in the divorce?
A common scenario that unfolds in a divorce is a claim by the husband or wife that certain money in the marital estate and asset was loaned the divorcing couple and should be repaid. In most cases, there is not a perfected loan (document) recognized under Indiana law that is automatically given protection in divorce proceedings because the divorce court cannot undo a proper, binding loan ... Read More