Indiana’s trial court judges, commissioners, magistrates and protems are dedicated to justice. The unique aspect to their job is they must decide a dispute between two or more people or parties—many other aspects of personal and professional life involves winning to some degree. For this reason, it is sometimes difficult for a party to accept “losing.” And many people just react with the desire to challenge any and every adverse final1 ruling.
However, there at least five considerations or options you have, any or all of which may factor into your decision:
Cease litigation.
Apply a law and economics approach.
Look at the policy ... Read More
Tag: reason
19
May2015
26
Feb2015
In today’s world, a marriage is sometimes a matter of finance as much as love and romance. For this reason, a pre-nuptial agreement is somewhat common. In particular, a party coming into a marriage with significantly more assets may want to protect them in the event of a future a divorce.
If this is your situation, there are five key legal aspects of prenuptials you must know. First, a prenuptial is a form of contract, which is protect by the right to contract under the Contract Clause of the Indiana Constitution. This means that they are favored in terms of being ... Read More
17
Apr2012
Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. attorneys. Relocation is sometimes a financial necessity for work. Most adults no longer have a job for life, and custody relocation is often necessary to maintain or advance employment opportunities.
Usually, there are other reasons associated with the desire to move, such as one parent has family in another state or a significant other. However, relocation is not a simple task in divorce and paternity matters, and these latter factors can obscure the case. There is the child and his/her ... Read More
18
Oct2011
The events of the daily news bring global events right into our offices, homes and cars-- almost the second they happen. Where domestic violence is concerned and occurs in a nearby street or city, it is common to think that is a norm.
The stress and duress of a typical divorce case appears to heighten factual sensitivity and general awareness; and domestic litigants sometimes raise and present concern and wonder if they need the protection of a protective order. The world appears to be a dangerous place, more so with matters of the heart–children–and pocketbook–standard of living and lifestyle.
The courts are ... Read More
04
Oct2011
Over the last several years, civil mediation has ‘caught on’ and has become the way almost all state-court legal disputes that would have been decided by a jury are now settled.
A large number of cases that would ordinarily be decided by an Indiana trial court judge are also resolved in mediation under the watchful guidance of judges in the case and the attorneys that practice before them.
At a basic level, Ciyou & Dixon, P.C. attorneys observe most litigants have a general idea of what mediation is all about and desire it–a chance to resolve the case sooner with a better ... Read More
25
Aug2011
In a down economy, coupled with the consolidation in virtually every aspect of business, relocation is a frequent issue arising with custody and after the divorce decree is final. As family law attorneys, Ciyou & Dixon, P.C. is frequently asked to advocate for or defend against relocation by a custodial parent with the children.
The reason this topic generates so much acrimony is because it almost always involves the non-custodial parent losing parenting time with the children or having it dramatically reworked. Thus, it is not surprising many of these cases are tried. In every Indiana custody relocation case, there are ... Read More
09
Aug2011
At Ciyou & Dixon, P.C., we begin our representation of clients by educating them about the legal statutes, cases, and rules covering their case. With divorce, we often find there is a great deal of misunderstanding about the reason, or faults, of a spouse that may allow a divorce.
In the 1970s, there was a shift in national thinking about the propriety of divorce. Until that time, the religious principle of “till death do you part” carried sway. In the absence of fault by one spouse, such as adultery or extreme cruelty, divorce was not granted.
Somewhat tracking the Civil Rights Movement, ... Read More
14
Jul2011
“I lost my job and have no income; does child support automatically stop?”
No. Under Indiana law, child support continues at the amount it is ordered to be paid until another order of the trial court issues. For this reason, it is critical that a person who loses his or her job file a petition to modify child support at once.
A trial court can only modify child support back to the date a Petition to Modify Child Support is filed. Therefore, it important–critical-- this be done at once, even if there is a significant delay before a hearing can be held.
For ... Read More
05
Jul2011
"Do I need to do anything under Indiana law if I am a parent and have to relocate with the children I have custody of?"
Yes. Under Indiana law, a Notice of Relocation must be served by the custodial or non-custodial parent even with a local move in Indiana. This must be filed at least ninety (90) days before the proposed move, if possible. This is a newer law.
A custody relocation or move across the street must be proceeded by a timely Notice of Intent to Relocate. Where filed, the non-relocating parent may file an objection and seek custody. For the ... Read More
14
Jun2011
A big part of what lawyers do is help client’s minimize or eliminate civil liability. Aside from formal legal training, lawyers see where even the most careful clients unnecessarily incur liability and often run afoul of, or become entangled in, the legal system.
What can we learn from this and pass on? A lot.
Generally, there are seven (7) legal liabilities and commonalities lawyers see with some frequency, or which will occur to a legal certainty, that could be reduced, or even eliminated, with a little advance thought and planning.
The well-lived life is one free of the following avoidable legal entanglements :
Uninsured ... Read More
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