Indiana Divorce Law: Understanding the Concept of ‘Best Interests of the Child’
Anyone who has been through a divorce in Indiana has probably heard the phrase “best interests of the child” numerous times. But what does the concept of best interests of the child under Indiana divorce law actually mean? This blog discusses Indiana divorce law and the concept of best interests of the child. The statute […]
Pensions and Divorce in Indiana: What You Should Know
Pensions can be a real source of contention during a divorce. Conversely, they can be overlooked by the parties as many are set-up to earn money and let you forget about them as they do so. No matter how a pension is structured, it is always best to have it evaluated before writing it off […]
Understanding the Role of a Guardian ad Litem in Indiana Custody Cases
A guardian ad litem, often referred to as a GAL, may be appointed by the court to represent the child’s best interests in a custody dispute. A guardian ad litem is generally an attorney but may be a volunteer or employee of a county program. The court may appoint a GAL on its own, or […]
Key Factors That Make an Effective Appellate Brief in Indiana
An appellate brief should not be written like a memo or law review; unless you want to lose your readers’ interest before you get them on your client’s side. The point of an appellate brief is to persuade the court that ruling in favor of your client is the only logical and fair thing to […]
Anatomy of an Appellate Case in Indiana: Key Stages and Strategies
There are key stages in an appeal in Indiana, most with deadlines and filings that must be in proper form. At any stage, the court may reject a filing, send it back for requested modifications, or dismiss the case due to a missed deadline. Each step of the process requires careful attention, but there are […]
Tax Implications of Divorce in Indiana: An Overview
The tax implications of divorce in Indiana can be anywhere from non-existent to quite expensive, depending on your families circumstances both before and after the divorce. Income and property taxes are the two main taxes paid by the majority of taxpayers and are dependent upon the situation of the taxpayer. As that situation changes, so […]
The Role of the Child’s Preferences in Indiana Custody Cases
A child who is the subject of a custody dispute oftentimes has an opinion about which parent with whom he or she wishes to live. Parties may be unsure what, if anything, they should do if the child asks to live with a specific parent or voices a preference for living with one parent over […]
Filing for Divorce in Indiana: Common Mistakes to Avoid
When filing for divorce in Indiana, there are some common mistakes that a party may want to avoid in order to prevent future complications. These missteps can be easily averted with a little information and some advance planning. This blog discusses typical errors and oversights parties might make when filing for divorce in Indiana and […]
Step-Parents and Child Custody Rights in Indiana
Not that long ago step-parents had no custody or parenting time rights when divorcing the child’s biological parent. Even step-parents who cared for, supported, and helped raise the child for many years. The law is changing and granting step-parents more rights; however it has not quite caught up with the realities of the step-parent/step-child attachment […]
Why Winning an Appeal is Challenging in Indiana and How to Overcome It
Appealing a custody decision in Indiana can be a challenge. Appeals, in general, can present a number of challenges, particularly in family law and criminal cases. The standard of proof set by the appellate court when reviewing issues on appeal is a difficult one to meet. This blog explores why winning on appeal in Indiana […]