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 ... Read More
24
Jan2019
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 ... 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: ... 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 ... 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 ... 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 ... Read More
13
Mar2018
Divorce is often the best of times and the worst of times - all at the same time. The decision to move on in life from a worn-out relationship is hard-to-impossible to make, particularly where there are children involved. The “unknowns” and “uncertainty” are what hold many people back. On the other hand, life is short and taking steps to move to a new future when a marriage cannot be repaired is at the same time, liberating to exciting for many litigants. This blog post provides three ... Read More
20
Nov2017
Legal Rights and Remedies That Do Not Exist in Indiana
Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana.
The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards ... Read More
15
Nov2017
Every year there is a surge in divorce filings from January to March. Why? Most couples, specifically those with children, are reluctant to break up during the closely-spaced holidays of Thanksgiving, Christmas and New Years; particularly, with the office parties and other events that are almost holiday rituals, like Black Friday shopping. After all, there is a whole year to get divorced before a reset of these holidays and hopefully start the next year with a clean slate as a single person. This blog explores seven key ... Read More
03
Nov2017
The Use of Forensic Accountants and Private Investigators to Find Hidden Assets in Divorce
In Indiana when you file for divorce, there is a rebuttable presumption that the Court is to divide the marital estate or assets 50/50. Sometimes there are allegations that a party has hidden monies and other assets of the marriage that has to be divided. There is a rule that the division of the marital estate cannot exceed its entire value.1
This means that if the total value of the ... Read More