indianapolis divorce lawyer

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…

What are the different legal standards in Indiana and when do they apply? You probably know that to be convicted of a crime, the State must prove you guilty “beyond a reasonable doubt.”  One question we get frequently, however, is what exactly “beyond a reasonable doubt” means.  It is difficult to answer that question in a specific manner, but looking at some of the other standards of evidence in relation to reasonable doubt can help…

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…

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.” …

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…

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…

Tax and Financial Planning Considerations Often Overlooked in Divorces in Indiana   There are numerous assets and debts involved in a divorce case that are easy to identify, such as real estate, bank and retirement accounts, credit cards, automobiles and household goods and furnishings; however, there are several other potential assets and liabilities that are often overlooked by clients and attorneys as they relate to benefits or liabilities that may result for income tax purposes. …

A Look at How Legalizing Same-Sex Marriage has Resulted in Additional Benefits and Protections  – 2015 is a historic year for same-sex couples.  The U.S. Supreme Court made its final decision on June 26, 2015, in the landmark case titled Obergefell v. Hodges.  This case involved 2 main issues: whether the U.S. Constitution requires a state to issue a marriage license to 2 people of the same sex and whether a state is required to…