In trial court testimony, it is rare that the prosecutor (if the defendant testifies on his or her behalf) or a Plaintiff’s or Defendant’s attorney gets a stunning revelation on cross-examination, such as in the 1992 movie A Few Good Men where the witness on trial in a military court—while enraged on cross—admitted he ordered the “code red” which caused other soldiers to beat up a non-conforming soldier. Equally, criminals on trial for murder don’t typically admit they killed the victim, nor does a divorcing party admit to a gambling or drinking problem. This is basic, innate, and instinctual self-preservation. However, ...
May 30, 2017Adam Hayes
The holidays are special times for most families, including those parents who have not married or have divorced: Special school events. Holiday parties. Family gatherings. All of this occurs with a lot of corresponding planning, from purchasing gifts to cooking meals. For parents who are not married, coordinating schedules can he a major source of conflict. This blog puts forth five important tips divorce attorneys use to help their clients avoid most conflict during the holidays: Know the Indiana Parenting Time Guidelines: The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines to set forth basics of holiday parenting time; ...
December 21, 2016Adam Hayes
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by a subsequent legal proceeding, so try to avoid unnecessary conflict. Sometimes there is no ability to resolve any and all issues and a court action for contempt or modification is merely reflected and magnified by holiday parenting disputes. However, if the ...
December 15, 2015Adam Hayes
For many father’s who seek joint or primary custody, there is the belief that they are predisposed to an outcome. However, Indiana’s divorce statute is gender neutral and father’s are prevailing on custody claims in Indiana courts who focus on the children’s best interests. To make your best case, here at four tips. Perception is reality. Many, if not most, father’s today have work schedules that are more conducive to sharing custody, working from home, flexible hours, and the like. However, if you go into your case with the notion father’s are not on equal footing with mother’s it is a ...
November 4, 2015Adam Hayes
Twenty years ago, domestic mediation was not common in domestic cases. A primary reason is because spouses were bitter and, perhaps, socially divorce was associated with a courtroom battle. Today all of that has changes. The Indiana Supreme Court has allowed trial courts to order domestic litigants to civil mediation before a contested trial—and trial courts have adopted the view and usually require mediation before a trial. Because mediation is accepted by our society at large, it has a different perception. This is that divorce cases do resolve at mediation. For this reason, litigants and attorneys embrace it as the end ...
August 20, 2015Adam Hayes
The legal system is the default mechanism to resolving problems that cannot be worked out through a vast number of other mechanisms, such as through church or family intervention, social pressures, or just walking away. Usually, the cost, unknowns, and stress compound and make this event one of life’s major stressors. Over time we have gathered many valuable insights that may help you in any civil litigation you are involved in--to help your lawyer help you try to reach your objectives. Your reasonableness, flexibility, and understanding of the process will do the most to help you in this time of stress. ...
August 11, 2015Adam Hayes