How Long After Separation Should I File for a Divorce in Indiana?

How Long After Separation Should I File for a Divorce in Indiana?

Indiana law does not require a couple to live separately for any amount of time before filing for divorce. In fact, divorcing couples can remain living in the same home through-out and after a divorce. However, there are legal reasons why you may want to file for a divorce immediately after separation and maintain separate […]

Can New Issues Be Raised in an Appeal in the Appellate Court?

Appellate rules are fairly well developed. That said, one frequently asked question is whether new issues can be raised on appeal. Is this truly a new issue or, instead, is the issue supported by facts and inferences of the record. That is the central question. This blog explores if new issues can be raised in […]

How to Appeal a Child Custody Ruling in Indiana

In most cases, one (1) party “loses” the custody arrangement they sought in their divorce, paternity case, or modification matter. As most litigants know, there is the right to appeal any adverse ruling under Indiana Rule of Appellate Procedure 9(A)(1). This includes any final order as to all custody issues pending before any Indiana trial […]

How “Real” Is Divorce Court

How “Real” Is Divorce Court

Unfortunately, unless you have been a juror in a criminal or civil case, your expectation of how “real” divorce court is probably widely inaccurate. In Indiana, there is no jury trial for divorce cases. If there were, no panel of jurors would ever be seated as the men would want male jurors and the women […]

How Does Joint Custody of a Child Work in Indiana

How Does Joint Custody of a Child Work in Indiana

In Indiana, there are two (2) type of “custody”: physical custody and legal custody. Either one may be sole in one parent or joint. Sole physical custody is the presumption under Indiana law. The parent who does not get sole physical custody will be given Indiana Parenting Time Guideline time at a minimum. Legal custody, […]

What Is the Role of the Indiana Court of Appeals?

What Is the Role of the Indiana Court of Appeals?

The role of the Indiana Court of Appeals is to handle the majority of appeals from final orders on all issues issued from the trial courts in Indiana’s ninety-two (92) counties. Specifically, the Court of Appeals exists to ensure that the litigants appealing obtained a fair trial in the trial court under the order they […]

Are Divorce Attorney’s Worth It?

Are Divorce Attorney’s Worth It?

Attorneys, when they have legal issues, almost always hire their own counsel. So, this by itself may help you answer this question. If attorneys are willing to spend their own money on hiring counsel to address their legal issue(s), do you not you think that speaks volumes if attorneys are worth it for your custody […]

How Do You Fight a Contentious Custody Battle in Indiana?

How Do You Fight a Contentious Custody Battle in Indiana?

Contentions custody battles are unlike anything else in the domestic law arena. Both parents are convinced that their custody positions are correct, and they are entrenched in their positions. While most domestic cases settle at mediation, these cases almost always go to trial—sometimes for multiple days. Thus, the question, “How do you successfully fight a […]

How Much Does an Appellate Lawyer Cost in Indiana?

How Much Does an Appellate Lawyer Cost in Indiana?

Appeals are like cars in many ways; they can be fairly inexpensive to very expensive depending on the type of (car) appeal you have. Where the cost comes in is how many issues you want to raise and, the novelty of the issues; all of these translate into time, and time is normally chargeable to […]

How to Get Child Support in Indiana if You Have Full Custody?

How to Get Child Support in Indiana if You Have Full Custody?

State law requires parents to financially support their children. This means that when parents are not residing in the same household or have legally divorced, one may need to pay a set amount each week to the other, for the support of the children. Indiana calculates child support using a mathematical equation and provides two […]