How to Navigate the Appellate Process in Indiana: An In-Depth Analysis

The appellate process is very different from trial procedure and may at first be intimidating and difficult to navigate. The first step is to learn the structure of Indiana’s court system and the purpose of each court. Once you have an understanding of each courts function, the appellate process will be easier to navigate. This […]

When Can You Modify a Custody Agreement?

When a custody order no longer works for the family, a custody modification may be needed. There is no specific amount of time that a parent must wait to modify a custody agreement. However, in order to ensure that a child has a stable and predictable home life, Indiana courts do not allow custody modifications […]

The Impact of School Choice on Child Custody Arrangements in Indiana

School choice consists of state programs designed to allow parents and children equal access to educational choices regardless of income. Programs include scholarship tax credits for donors, tuition vouchers for students, and educational savings accounts as well as state tax deductions for parents. These school choice programs can cause new disputes regarding child custody when […]

Legal Custody vs. Physical Custody: What’s the Difference?

Indiana recognizes two different types of child custody: legal custody and physical custody. One is not dependent on the other, so a party with primary physical custody may not have legal custody or parties may share joint legal custody while not sharing joint physical custody. The courts use different factors when determining legal custody and […]

The Divorce Process in Indianapolis: Step by Step

Divorcing couples who are in agreement on all issues may find the divorce process much easier to understand and navigate than those who will need court intervention to decide some or all of the issues in their divorce. This is simply because contested divorces require extra steps that divorce by agreement does not. However, once […]

Contempt of Court: Consequences for Violating Custody Orders

Just like any other order of the court, custody orders are subject to a finding of contempt of court if they are not followed. Penalties for those found to be in contempt for violating a custody order can range from payment of the other parties attorney fees to jail time, depending on the number of […]

The Art of Appellate Advocacy in Indiana: Tips for Success

Just as playing a musical instrument, painting a work of art, or writing a novel are forms of art, so too is appellate advocacy. There is no science to winning an appeal; what will win one may lose another. But there are some strategies that can help make appellate advocacy more effective. This blog explores […]

When Can a Losing Party Appeal in an Indiana State Trial Court?

A losing party in an Indiana trial court can appeal a judgment or order under certain circumstances. Generally, a final judgment in any type of case can be appealed to either the Court of Appeals, Tax Court, or the Indiana Supreme Court, whichever has jurisdiction. Some judgments that are not final may be appealed through […]

Familiarizing Yourself with Indiana Divorce Laws

Whether you plan to hire an attorney or handle your divorce yourself, you should know the basics of Indiana divorce law. This will help you feel more comfortable divorcing without an attorney or if you intend to hire one, have a better grasp on what issues are involved and what information your attorney may need […]

How to Maximize Your Chances of Winning an Appeal in Indiana

The chances of winning an appeal have been estimated to be somewhere between 10% and 16% (Cornell Law Faculty Publications). That means there is more than an 80% chance of the appellate court upholding the trial court’s decision. With these odds, a party needs to do everything possible to increase the likelihood of success. This […]