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…
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…
Important Tips to Know for Requesting Contribution for College Expenses in Indiana In addition to a normal child support order, one or more parties may request that the court order them to contribute to the postsecondary educational expenses for a child. Whenever there are divorced parties or parties to a paternity action with one or more minor children, the court will always issue a child support order based upon a calculation using the parties’ gross…
Indianapolis Divorce Attorney Blog: My Divorce is Finalized, What Happens Next? In most cases, once your divorce is finalized, there are still several loose ends to tie up. Whether you and your ex-spouse reached an agreement or you had a judge decide your case, divorce decrees often times impose obligations upon one or both parties that have to be satisfied on a post-divorce basis. If a party fails to satisfy one of those obligations, the…
Indianapolis Divorce Attorney Blog: What Does Custody Mean in Indiana? Whether faced with a divorce or a paternity action, there are many parents who are unsure as to exactly what requesting custody of their children means in Indiana. To begin, Indiana law separates child custody into 2 categories: 1) legal custody and 2) physical custody. When a court determines how custody is going to be awarded in a specific case, the court always uses the…