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
03
Apr2018
19
Feb2018
In many homes across America today, a grandparent (or third party) is the one raising a child or children of the biological parents. This may be for many reasons; typically, it is due to the instability of a parent, physical or mental health issues, drug use, incarceration of a parent or a pure lack of the ability and/or desire of a biological parent, well, to parent. This blog addresses what happens when a grandparent (or third party) becomes a bonded caregiver for ... Read More
03
Jan2018
In criminal and domestic cases in particular, a litigant is often at his or her lowest point in life, facing a serious criminal charge or a messy and protracted divorce. The outcome of the case may shape their future. For this reason, most lawyers have encountered family and friends wanting to pitch-in to fund a proper case for a loved one. The question that arises is what are the ethical and practical limits to third-party payers. This is the focus of this blog post.
The first ... Read More
01
Dec2017
Raising Someone Else’s Children
A word that has almost vanished from common conversations is the term “nuclear” family. This conjured up the notion of a mother, father, two children (a boy and a girl), family dog, and the proverbial white fence. Now children are routinely shared between same-sex parents, divorced parents or have a single parent.
However, there are tens of thousands of children being raised by neighbors, other family members, or a trusted friend of parents. Sometimes the children are abandoned, not supported or contacted ... Read More
27
Sep2017
One of the most important and fundamental aspects of the attorney-client relationship is confidentiality. Generally, communications between clients and their attorneys are confidential in nature and attorneys are prevented by law from revealing any of this information to a third party. Attorneys are acutely aware of this relationship and take great care to protect client information, both within their own offices and in cyberspace. The purpose of this confidential relationship is to allow for clients to give their attorneys honest and accurate information to ensure they are ... Read More
05
Apr2017
Parents have a right to raise their children without state interference under what has been referred to as the most fundamental right in the United States Constitution. However, there is a point where parental decisions cross the line into abuse or neglect or children engage in activities that would be criminal if they were adults.
When this occurs, Child Protective Services (CPS) may be notified by any concerned third party and are required to be notified by certain individuals and entities such as medical ... Read More
10
Mar2017
Clearly, natural and adoptive parents have a fundamental right to raise their children.1 However, given these constraints, the Indiana Courts have four important tools by statues and one by caselaw to utilize to assist third parties to obtain “custody” of children where their well-being depends on it.
The reality in the United States is that millions and millions of children are primarily raised by people other than their parents, mostly by grandparents and relatives. Millions more are raised for periods of ... Read More
12
Jan2017
By statute, a divorce must be filed and a sixty-day period pass before the parties can be divorced. This blog explores this legal concept and others that often create confusion for litigants and is necessary to live with the stress of a divorce proceeding.
Staring with the waiting period, it is truly rare that a divorce decree issues on day 60. This is because divorce is much like unraveling two battling business partners—there are numerous issues that take time and research to explore, such ... Read More
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
09
Mar2016
In Indiana, there is a 60 day cooling off period for divorce. This sometimes creates the assumption of litigants who want a divorce that it will be completed in that time frame. In almost all cases, that will not occur. This blog explores the four major components that have to occur before obtaining a divorce so you better understand the process.
Many times, the parties think about a divorce but do not file or reconcile or go into counseling after filing ... Read More