What Documents are Required to File for Divorce?
Under English common law, (which Indiana adopted as its law) there were elaborate requirements for what had to be in court filings. Indiana, however, rejected this (as did all other states) and dictated there be “one form or action to be known as ‘civil action’. As such, most civil filings only require notice pleading and […]
Don’t I Have Joint Custody and/or Parenting Time Rights with My Child if I Signed the Hospital Paternity Affidavit?
A paternity affidavit is a sworn statement which can be signed by the mother and father of a child born out of wedlock at the hospital within 72 hours of the child’s birth or at the Department of Health before the child’s age of emancipation. Mother’s section of the affidavit includes a sworn statement that […]
What is the Difference Between a Trial Versus Appellate Attorney?
Distinguishing the difference between a trial and an appellate lawyer, requires one to first understand the structure of the court system in Indiana and the function of each of the two types of courts: trial and appellate courts. Obviously, a trial lawyer handles matters before trial courts and an appellate lawyer handles those before appellate […]
What if The Non-Custodial Parent Schedules the Children for Activities During Your Parenting Time?
Co-parenting from different households can be difficult when it comes to schedules and the children’s activities. When these activities begin interfering with a non-custodial parent’s time with the children, it can become a source of contention. This blog discusses interference with parenting time and the custodial parent’s scheduling of children’s activities during the non-custodial parent’s […]
Can One Lawyer Represent Both Parties in a Divorce if They Agree?
The short answer is no. It is a conflict of interest for an Indiana attorney to represent opposing parties, such as a husband and a wife in a divorce. Even if you agree, attorneys are required to protect their client’s best interests. Representing both parties in a divorce could (or would) make that an impossible […]
Current Technological Tools to Stay in Touch with Your Children
Maintaining a significant connection with your children while they are with their other parent can be challenging and/or frustrating. However, there are several current technology tools that can help. This blog explores the technology that you and your children can use to stay in touch and connected while they are with their other parent during […]
Do I really need a lawyer in a domestic case?
There is no requirement in Indiana that you have an attorney for domestic cases; although it is not generally recommended that you proceed without one. The reason for this is because a pro se litigant is held to the same standard as an attorney—and you will not know the rules, such as the Indiana Rules […]
How Does a CHINS Case Effect Child Custody in a Pending Divorce or Modification Case?
CHINS stands for “child in need of services”, and a CHINS case is filed by the State of Indiana, with the Department of Child Services (“DCS”) as the complaining party. This blog explores the effect of a CHINS case on child custody proceedings in pending divorce or modification matters. A child is considered a […]
How and When Do I Introduce a New Significant Other to My Children?
If you’re considering dating after divorce, then you’re in good company. 65% of women are already dating again within the first year of separating from their former spouse. While dating around is common, what isn’t so common is introducing that new love interest to your kids. You, your former spouse, and your children are likely […]
Can I Get Alimony in Indiana?
The short answer is maybe. While Indiana does not have alimony, it does have spousal maintenance. Spousal maintenance is not awarded as part of a property division, as alimony in some states is, it is awarded under specific circumstances in order to provide for the support of the spouse receiving it. This blog discusses alimony […]