Family Law

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House Bill 1684 – What is it, and why does it matter?

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…

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My child’s other parent will not stop talking poorly about me.  Can the court stop them? 

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…

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What is Contempt?

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…

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Division of Retirement Assets in Divorce

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…

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Post-Secondary Educational Support Obligations

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…

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Modification of Custody and Parenting in Indiana – Considerations and Requirements

Posted in On May 6, 2024 By Judy

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…

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What is Paternity and How Can It Be Established?

In determining the rights and responsibilities both parents have towards a child, establishing paternity may simplify the process. In Indiana, paternity provides a child born outside of marriage a legal father. Establishing paternity outlines a father’s legal rights and responsibilities towards a child. Additionally, establishing paternity can aid in issues revolving around child custody, parenting time, and child support. Resolving paternity issues may allow a child the rightful ability to bond with both parents. How…

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What is mediation and why should I use it for my divorce?

Many divorcing spouses ask what mediation is and why it would be beneficial in their divorce case.  In this article, we will go over those questions and others to look at some of the advantages mediation has over other methods of finalizing a divorce case  Mediation is considered an alternative dispute resolution.  Instead of going to court and having a judge decide all of the terms of a divorce, spouses may be able to resolve…

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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.