How is an Appeal Filed and Decided?
There are many ways an appeal “begins”, such as with an aggrieved (wronged) party deciding to appeal. However, this does not legally start an appeal. The process has many more steps and is technical. This is why many, if not most, attorneys do not handle appeals. Step one, as alluded to, is determining to appeal. […]
Is it True That Mothers Always Get Physical Custody During Divorce?
While there is a general assumption that mothers will always get physical custody in a divorce, this is a somewhat antiquated belief, as fathers are becoming the custodial parent more and more often. In fact, according to the U.S. Census Bureau, a little over 20% of custodial parents in 2019 were fathers. This is due […]
Key Tips for Living Through a Protracted Divorce
Your divorce proceedings won’t last forever – but they can certainly drag on for years and years. In fact, the longest divorce case went on for an unfathomable 21 years! The battle lasted so long that dozens of jury members passed away before ever seeing the end of the debacle. Unfortunately, if you have a […]
What Happens if I Miss the Appellate Filing Deadline?
In all civil cases, an appeal of a final order as to all issues has to be perfected within thirty (30) days of issuance. This creates two (2) significant issues for some litigants. The first is they may not receive their final order from their counsel contemporaneously with its issuance (i.e., their trial counsel may […]
How to Move On with Your Life After Divorce
Never discount or underestimate the depths of your emotions after a divorce. For many, divorce is a traumatic life event, especially when it leads to a deep sense of loss, significant distress, and shock. The good news is that you can overcome the grief, rebound, and rebuild your life. The question is – how do […]
If My Spouse Does Not Pay Child Support, May I Withhold Parenting Time?
This is a commonly asked question, and the answer is always NO, you may not withhold parenting time if your ex does not pay child support. However, the question may require some explanation. This blog explores child support and parenting time and how they may or may not be related. Answering any legal question requires […]
What if I Want to Appeal a Decision Before the Case is Decided?
During the course of any trial, a trial court may make several to hundreds of rulings on motions by its orders as the case works its way toward trial. These are called interlocutory orders. Particularly, with “messy” domestic cases, there could be dozens to a hundred or more orders issued prior to the final order […]
Do I Have to Offer Additional Parenting Time if I Have a Long-term Partner Who Lives in the Same House?
In today’s world, it is very common for a divorced parent not to remarry after a divorce, even after being in a long-term, stable relationship. In such relationships, it is common for the significant other to become heavily involved in the children’s lives, all known to or pieced together by the other parent. In such […]
Divorce Procedures: Frequently Asked Questions
This post contains answers to some frequently asked questions about divorce procedure in Indiana. What do the terms Petitioner and Respondent mean? The Petitioner is the person who filed for divorce. They are called the petitioner because they are the one who originally petitioned the court for the divorce. The Respondent is the person […]
Can I Seek a Stay of a Trial Court’s Order Pending Appeal?
In many domestic cases, a losing party wants to stay (stop) the trial court’s order from executing while they appeal, particularly in custody cases. For example, if the court modifies physical custody (where the other parent would get the child) it is common for a party to want a stay pending appeal. As an additional […]