Joint vs Sole Custody in Indiana: Key Differences Explained
The terms joint and sole custody are frequently used by parties in a custody case, but what do they really mean? In Indiana, there are two types of custody, physical and legal. Both joint and sole custody are used to refer to legal, not physical custody, however, many use the terms when discussing physical custody. […]
What Are the Hallmarks of a High Conflict Custody Case?
In any custody case there are disagreements over child rearing issues and parenting time schedules that require court intervention. In these cases, the court will set a hearing, lasting anywhere from an hour to half a day, where it can hear evidence and make a ruling resolving all issues. Then there are what is termed […]
Child Custody and Relocation Laws in Indiana: What Parents Need to Know
Child custody and relocation laws in Indiana do not always allow a parent with a custody or parenting time order to relocate their residence without first meeting certain requirements. If you, or your child’s other parent is considering a move, you should know what procedures need to be followed and how the law may affect […]
Indiana Divorce: The Impact of Infidelity on Asset Division
Because Indiana recognizes no fault grounds for divorce, infidelity alone will not affect the division of property in a divorce. However, there are circumstances under which infidelity may impact asset division, such as when a spouse dissipated assets in order to have or continue the affair. This blog discusses property division in Indiana and how […]
How Do Trial Courts and Appellate Courts Differ?
While a party may think a court is a court, nothing could be further from the truth as it relates to Indiana’s trial and appellate courts. One court system has cases filed in their circuit and superior courts for decision by a judge or jury and the other reviews final orders on “appeal” from these […]
How Do I Establish Paternity and See My Child if I Did Not Sign the Hospital Paternity Affidavit?
Signing the hospital paternity affidavit is not necessary to establish paternity, nor does it grant a father any parenting time rights. If you were unaware of your child’s birth at the time, were not present at the hospital, or simply did not sign the hospital paternity affidavit. You will still establish paternity and request that […]
Uncontested Divorce in Indiana: A Simpler Path to Separation
An uncontested divorce is one where both parties agree on every issue, and do not need the court to settle any disputes. Uncontested divorce in Indiana is a simpler path to separation as it can make the process go more quickly, save you money, and give both spouses more control over the outcome. This blog […]
Does the Same Judge That Decided My Trial Court Case Participate in Any Appeal I Take?
Aside from live streaming, very few litigants understand the appellate process. Most all that is on television is court-room drama. In fact, some litigants do not appeal because they believe the judge who decided their case will decide and will rule the same way. In fact, the trial court judge is not involved in any […]
Do Courts Ever Award Joint Physical Custody?
Parents in Indiana can be awarded joint physical custody if it is in the best interests of the child. This is generally granted as shared parenting time and only awarded if it is in the best interests of the child, and the parties agree to the arrangement and/or the court finds that they can cooperate […]
Should You Tell Your Spouse if You Had an Affair?
No matter how many times the question, should I tell my spouse I had an affair, has been asked, just as many different answers have been given. None of these answers are right for everyone and the decision to tell or not to tell is a personal one that should be based on your relationship […]