Most divorce cases, even those involving complex property issues and hotly contested custody matters resolve at mediation. Those that do not often wind up in final hearings that may go over several non-consecutive days over the expanse of weeks or months. After numerous witnesses, arguments over the admission of exhibits, and cross-examination, most litigants cannot wait to get their divorce decree and order so they can start moving on in life. The question is when should you expect it? This answer to this question is, “it depends”. However, in almost all cases, the court will take the matter “under advisement” ...
Tag: Special Findings
May 7, 2020CD
Most litigants to go court expecting to “win” their case. However, most domestic (divorce or paternity) cases are not one side really winning or losing because so many issues are being decided, such as physical custody, legal custody, child support, and in divorce cases, property division. So it is unlikely any particular litigant “wins” every issue. Most litigants accept the trial court decision. However, there is a right to appeal. This is where the concept of special findings comes up. The trial court can hear the evidence and then decide the case by a general judgment, or it can—if requested ...
August 14, 2019CD
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate consult with a new counsel, there are several things you need to gather to make the most of your time with ...
June 12, 2018CD
In child custody ligation, where one parent is seeking primary physical or legal custody over the parent, the “why” the trial court ruled as it did is often important to the parties to help better understand and accept the decision. This rationale is set out in cases with special findings. This is also considered by Indiana’s appellate courts on appeal, if either party requested the trial court to make special findings. The concept is pretty straight forward. A general judgment allows a trial court to judge the credibility of the witnesses and documentary evidence by all of the verbal and non-verbal ...
December 16, 2015Adam Hayes
In the course of civil litigation, there are many court orders. However, only one is a final order that can be appealed. There are two ways a court may issue a final order. One way is issue a general judgment, which can be a sentence or a few sentences. The other way is special findings. Special findings are lengthy in nature and demonstrate which facts the court relied upon and which law it applied in making its ruling. Special findings, being so detailed, make it easy for the parties to understand why the court ruled as it did. This also shows ...
August 19, 2015Adam Hayes
Divorce cases take up most of the time on Indiana’s trial court’s calendars. They are messy and sometimes take up multiple days of trial court time (i.e., two hours here, a half day there, and an hour to wrap up, even without the traditional opening and closing). The reason for this is there is no real way for a judge or attorneys to gauge how long divorce hearing will take. A given question may open up new assets or liabilities or the perception of parties or witnesses may be stilted taking even more time to sort out by cross-examination, additional questions, ...
January 29, 2015CD