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Indianapolis Divorce Lawyer Blog: Collaborative Law in Indiana

Posted in On June 14, 2016

Collaborative Law: An Alternative to Litigation A trial that puts your personal life on display is not the only option for dissolving your marriage.   In Indiana, it is possible to complete the divorce process without entering a courtroom.  Often times, removing the necessity of court intervention also reduces the cost of the process and keeps emotions at a more manageable level. Collaborative Law is one way to stay out of the courtroom.   Some divorce clients…

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Using Police to Enforce Parenting Time in Indiana

Posted in On May 18, 2016

Should the Police Get Involved in Enforcing Your Parenting Time? It is your scheduled parenting time and your ex refuses to give up your child – what now?  In most cases, the reaction would be to threaten a call to the local police.  While there may be some benefit down the road to documenting denied parenting time, the effect may not be as immediate as a parent in that situation may hope. Police officers across…

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A Look at Calculating Child Support in Indiana

Posted in On April 24, 2016

How is Child Support Calculated and What Can I Expect? How is child support calculated?  The amount of child support that is paid by one parent to the other is fact sensitive and is not the same in every case.   It is not uncommon for two parents with the same number of children, living close together geographically and making similar incomes to receive substantially different amounts of weekly child support.    In Indiana, a child support…

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Mediation in Family Law Cases as an Alternative

Mediation as an Alternative to Litigation Appearing in front of a judge to discuss personal matters such as the deterioration of a marriage, assets, debts or children can cause a lot of emotional stress for most people.   There are several different types of Alternative Dispute Resolution methods in Indiana.   These alternative ways to resolve matters can allow parties to resolve matters outside of the traditional courtroom. Mediation is the most commonly used method of Alternative…

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Enforcing a Marital Agreement in Indiana

Can I Dispute the Enforceability of my Marital Agreement after a Divorce? Often times, parties sign premarital agreements prior to getting married as a way to protect their respective assets in the case of a divorce or death. On the flip-side, many people enter into marital settlement agreements as a way to finalize their divorce. Whether you entered into one or both of these types of agreements, you may be thinking to yourself, can I…

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Is My Business a Marital Asset in a Divorce?

Is My Business in Jeopardy if I get a Divorce? If you own a business and are thinking about going through a divorce, you might be asking yourself, is your business considered an asset that can be divided by the court?  In short, the simple answer is that it depends.  In determining whether your business is an asset, or to the extent which it’s considered an asset, the court will look at the business’s “goodwill.” …

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A Look at Modifying Spousal Maintenance in Indiana

Is Spousal Maintenance Modifiable, and if so, How is that Accomplished On March 8, 2015, we wrote a blog titled, “A Look at Spousal Maintenance in Indiana,” whereby we explained the different circumstances in which a party to a divorce can be ordered to pay spousal maintenance.  In Indiana, the circumstances for such an award are very limited.  As a quick refresher, the following are the only circumstances under Indiana law where spousal maintenance can…

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In Town Lawyer vs. Out of Town Attorney

Hiring an In-Town Lawyer vs. an Out of Town Attorney To hire an in town attorney, or out of town attorney? That is the question. I think Shakespeare asked that in Hamlet….or, something like that. All joking aside, we at Banks & Brower, LLC, are constantly asked this question when people call in looking for advice on who to hire. “Should I hire an out of county attorney, or should I hire an attorney on…

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