BEFORE YOU SIGN THOSE DIVORCE PAPERS…CONSIDER THIS… When every single divorce client comes through our door, one of the first questions they always ask — well, after the emotions explode and then slowly simmer — is, “What do we need to think about when settling my divorce?” And, though factual considerations vary from client to client, we have a set checklist we always go over with most clients. This blog will attempt to lightly touch on…
Enforcing Interstate Child Support and Obtaining Jurisdiction – Enforcing child support can be difficult and complicated. Throw an out-of-state order in the mix and it can get even muddier. In 2011 alone, there was roughly 37.9 billion dollars of child support owed to custodial parents in the United States. Only 62.3% of that amount owed was actually paid, which leaves about 14.3 billion dollars of unpaid child support. That’s a ton of money! Now these…
It is probably the most well known of evidentiary objections. Trial counsel asks the witness “what happened after the driver left the scene” and the witness says, “the lady across the street yelled out…” Objection! hearsay. Counsel commonly jump to the exceptions to hearsay to determine how or why they should get the out of court statement in, however, many times one need to look no further than to the definition of hearsay itself. The…
When people think of divorce, visions of a knock down, dragged out and dirty fight come to mind. Sometimes, situations do occur where divorces proceed down a road that can be very negative, emotionally draining and expensive. However, a divorce does not have to travel down a path of negativity. This weeks blog looks at three ways a divorce can proceed without necessarily getting negative and spiteful. Uncontested Divorce An uncontested divorce is exactly what…
Establishing Paternity for a Child in Indiana – Whenever people hear the word paternity, they immediately think of Maury Povich and the infamous….”the results are in, and……. you ARE the father!” Of course that’s followed by tears, fists being thrown, cussing, and screaming, etc., etc. However, what most people don’t realize is that paternity, the process of establishing that a father is in fact the biological or legally assumed father of a child, can be…
Understanding Indiana’s Law on Spousal Immunity In every marriage, on a daily basis, spouses share information with one another they would never dare share with anyone else. In fact, many times, secrets that are shared between spouses are often incredibly personal, with a deep understanding that what is said between the two of you stays just that — just between the two of you. Much like the confidentiality you rely on with your doctor, your…
When someone comes in to our office for a consultation about a divorce, one of the most frequent questions/concerns is how will our assets be split up. Clients tend to focus on who the asset is titled to and/or who paid for or purchased the asset. The law looks at assets differently. Indiana Code gives the Court broad discretion on splitting up assets. Indiana Code reads: (a) In an action for dissolution of marriage under IC 31-15-2-2, the court…
In past blogs we have looked at particular issues like custody and visitation, we have also answered FAQ‘s. Today we take a look at the nuts and bolts. What are the procedures? How does the process work? Why does a divorce take so long? I. Filing The first step in the process that gets the ball rolling is filing. This seems like an easy step, and on its face it is. However, there is quite…