When someone is going through a divorce in Indiana, part of what a Judge will do is divide the marital estate of the divorcing spouses. It is not uncommon for people who are divorcing to wonder what specifically the Court will consider when dividing the things the spouses have and whether certain items will be divided by the Court. The general question we often get asked is, “What do divorce courts do?” In any…
As we approach the end of the school year, now is a good time to review the Indiana Parenting Time Guidelines as they relate to holiday travel. As we approach the end of the school year, now is a good time to review the Indiana Parenting Time Guidelines as they relate to holiday travel and custody arrangements. You may be asking yourself several questions, including, “What are Indiana’s parenting time guidelines? What is the…
WHAT IS IT? In the State of Indiana, a “house bill” is the first step in creating and adopting a new law. It is a proposal that can be made in either the Indiana Senate or the Indiana House of Representatives. What is commonly called a “Divorce” is referred to in Indiana law as a “Dissolution of Marriage”. House Bill 1684 (HB1684) is a proposal by Timothy Wesco (R-District 21), to modify the legal process…
It is not unusual for people who share a child who are in the process of a custody dispute to have differences arise. Many times, during a custody proceeding, those emotions can run high and can become exacerbated to the point that one parent talks negatively about the other parent to other individuals and even to the child. When that happens, you may be asking whether or not the court can intervene to limit the…
Many parties become involved in court proceedings to resolve an on-going dispute and to find a solution. In doing so, the Court will hand down instructions and orders to the respective parties of the dispute. But what happens when a party violates an order or disrespects the Court? If a party is found to be disobeying an order or disrespecting the Court, the party can be found in contempt. Contempt can be understood as an…
In understanding the various steps of a divorce, you may be wondering what marital assets will be subject to division under Indiana divorce laws. Marital assets include a variety of property acquired by spouses before the date the dissolution matter is filed. Among other assets, retirement accounts such as 401(k)s, Individual Retirement Accounts (“IRAs”), and pensions may be subject to division in divorce proceedings. How are Retirement Assets Divided in Divorce? In Indiana, if the…
Post-secondary educational obligations are those that a Court may order on a parent to financially contribute to a child’s college educational expenses. In Indiana, Courts may order divorced, separated, or parents of a child born out of wedlock to contribute to a child’s post-secondary educational expenses. Post-secondary educational support orders differ from child support orders in that child support orders typically terminate on the child’s 19th birthday, while post-secondary educational support orders can continue past…
Parents and families may be curious as to how and when a modification in custody and parenting time would be granted. Family courts take careful consideration when deciding whether to modify custody and parenting time in order to avoid disrupting the child’s stability. However, a child’s and family’s needs may evolve over time and thus, a modification in custody or parenting time may be needed to better suit the needs of the child. In doing…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.