While there is never a good time for a divorce, conventional wisdom (and some New Year’s resolutions) have led to a wave of divorces being filed in January and February of each year. Part of the reason is due to families with children to hoping to wrap-up the divorce before the start of the next school year. However, school calendars, frequent relocations for work, and blended families have up-ended this trend to some extent. In many cases, filing a Spring or Summer divorce may make the most sense. This blog covers three key reasons why a divorce at this time ...
April 24, 2019CD
Most people are familiar with Non-Competition Agreements, whether it be from first-hand experience or from the general knowledge you have from a friend or acquaintance. But for those who are not familiar with Non-Competition Agreements, also known as covenants not to compete, you may be wondering what they are and when they apply? Non-Competition Agreements can come into play in several different areas of life, but this blog will focus on non-competes in employment. Employment Non-Competition Agreement. The place to start is understanding what a non-compete is. They are agreements that are contracts between an employer and employee which limits ...
February 28, 2019CD
The ending of yet another year and thinking about life and goals for the next year brings up all sorts of thoughts; psychologists and lawyers will tell you the clients they see have them run the gambit during the holiday season (Thanksgiving-Christmas-New Years). Often this brings up a continually declining marriage and thoughts of filing for divorce. So, with the holidays, it often the best of times, with gatherings of family and friends, and the worst of times, with the thought of entering another year in bad marriage. This blog addresses the key reasons you should probably wait to file ...
December 13, 2018CD
In the trying time with the loss of a loved one, you may need to determine how to handle the estate of that person. Everyone has heard the term “probate”. But what does this mean? How does this happen? What must be done? Where do you start? Who do you contact or notify? All these are dizzying questions. Estates can be a tricky. This blog covers five basic concepts or questions to be answered to help you understand the process of opening an estate and helping an attorney move it through probate process. The first question is whether the estate is ...
August 22, 2018CD
Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal in the first case in most situations to the Indiana Court of Appeals. This blog explores four orders that constitute final appealable orders in civil cases that are not interlocutory orders or decisions rendered by a jury. The first order, which ...
July 17, 2018CD
In Indiana, unlike some other states, there are two higher courts, the Indiana Court of Appeals and the Supreme Court. Generally, litigants have an appeal as a matter of right from any losing (in whole or part) final order issued from an Indiana trial court. Appeals are made in written format and have very precise rules and requirements because of the vast amount of time and resources an appeal takes. Whether considering an appeal or retaining counsel, this blog sets forth mistakes that can dilute your appellate brief, cause dismissal, or even sanctions. The key takeaway is appeals need the ...
July 5, 2018CD
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 considerations in preparing for a “Happy-New-Year” divorce filing. The children: Perhaps the most important ...
November 15, 2017CD
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal. This blog post identifies and explains common mistakes. Procrastination or lack of awareness of timelines. The decision to appeal or not to appeal is a vexing one for many reasons; you or your trial counsel may understand. All sorts of things ...
October 27, 2017CD
The Four Cardinal Rules You Must Follow It may seem like an odd blog post, How to “win” your divorce case in a bench trial. The law is applied to the facts by the judge who then decides the case, right? Not necessarily. Judges are impartial, but a case can be won or lost by an unprepared litigant or attorney or failure to follow what are the four cardinal rules of trial. These are the topic of this blog post. The first and most important part of a trial is to have a trial theme that defines your case. This is like ...
October 17, 2017CD
Once the divorce process is initiated, often times understandably, the parties want to be finished with the process, and each other and move on in life, as quickly as possible. Divorce attorneys sometimes hear the party request a speedy trial. The “Speedy Trial” rule applies to criminal cases. Ultimately, there are several variables that affect how long it takes for the divorce process to be finalized. Below are three (3) key reasons your divorce may require some patience that is required by the Divorce Act or need to properly divide the marital estate, which may make the divorce well, less speedy: 1. ...
September 7, 2017CD