Common Challenges and Strategies in Indianapolis Appellate Proceedings
Each Indiana appellate proceeding involves its own blend of challenges and varying approaches one might take to those challenges. Because the appellate courts have a very different function than do the trial courts, the strategies used by appellate attorneys vary greatly from those employed by trial attorneys. Appellate proceedings are also vastly unlike trial court […]
Calculating Child Support with an Indianapolis Divorce Attorney
Child support in Indianapolis is calculated using a mathematical formula based on each parents income after all deductions and credits have been applied. Although this sounds easy enough, the parties may disagree on what is considered income, if the other parent is reporting theirs correctly, whether the other parent is voluntarily underemployed or unemployed in […]
What You Need to Know About the Two Types of Contempt Available to You?
In any given criminal or civil case, the system properly functions only if the litigants follow the judge’s court orders. If this were not the case, some litigants could or would just ignore a judge’s order and/or disrespect the sanctity of the courtroom and the judge who serves in it for the community at large. […]
How Do I Pick the Right Divorce Attorney in Indiana?
In today’s world, the internet and social media provide so much information, some of which is simply wrong. It makes it very difficult to find a domestic relations attorney who actually limits his or her practice to family law and who has the skill set to handle anything that “pops” up in a domestic case […]
What Is “Wrongful Removal” or Retention in Another Country?
The Hague Convention of 1984 on the Civil Aspects of Child Abduction is an agreement between 9m contracting countries to help prevent international child abduction by a parent. The Convention provides a process for getting a child returned to their home country where they have been “habitual residents” if a parent has wrongfully removed or […]
Will a Judge Give Us His or Her Ruling at the End of the Divorce?
Contested divorces requiring a trial can drag on for months or, when there are many contested issues, even years, causing the parties to simply want it all to be over. The end of the trial should signal this, but that is not always the case. This blog discusses divorce trial rulings, time limitations for rulings, […]
What is the Hague Convention?
The Hague Convention on the Civil Aspects of Child Abduction (Hague Convention) is an international agreement that can help when a child has been taken to another country, which are called “Member States” (this does not refer to a state in the United States), by one of their parents, and the parent is refusing to […]
What are Admissibility and Evidentiary Foundations?
It is common for attorneys to use legal “jargon” with which most people are unfamiliar with. It is the same in any profession. This is particularly true when talking about the controlling Indiana Rules of Evidence and about the admissibility of evidence and evidentiary foundations key to properly admitting evidence to properly present your case. […]
Do Judges Have to Follow Statutory Presumptions in Domestic Cases?
There are statutory presumptions for child support, custody, property division, and parenting time. These are assumptions that a judge must consider when hearing evidence, but these presumptions may be rebutted or overcome with the necessary evidentiary showing. In other words, unless evidence is presented to the contrary at final hearing, the judge is to follow […]
Understanding the Role of a Divorce Attorney in Indianapolis
While there is no law requiring a party in a divorce to hire an attorney, it may not be the wisest of decisions to proceed without one. Although most court clerks now make available divorce forms with instructions for completing and filing them, this is only the first step in a divorce, and parts of […]