What Is Marital Property in Indiana?
The definition of marital property varies from state to state. While some states consider only property acquired by a couple during the marriage to be marital property, others consider property owned by either party before the marriage to be marital property. This blog discusses what marital property is under Indiana law. Indiana Code § […]
Do I Have to Show Fault to Get a Divorce in Indiana?
The short answer is “NO”. Indiana recognizes no fault-divorce. Ordinarily, one party alleges an “irretrievable breakdown” of the marriage. This is not to say, however, that the court will automatically grant a divorce based on an irretrievable breakdown of the marriage, or that you will not end up in court attempting to prove the other […]
What Are Unacceptable Exceptions for Denying Parenting Time?
There are times when a custodial parent needs to deny parenting time to the child’s other parent. In certain situations, this may be acceptable, and the time can be made up at a later date. However, most reasons for denying parenting time are unacceptable, as parenting time is considered critical to a child’s health and […]
Is Relocation of either Parent a Basis to Modify Physical Custody?
People sometimes move, and separated parents with a custody order are no exception. However, when raising children together from separate homes, a move can disrupt the current custody and parenting time order. This blog discusses Indiana law as it pertains to relocation and modification of physical custody. A parent who has, or is seeking, custody […]
What Happens if My Spouse Lies During His or Her Testimony?
Listening to your spouse lie during their testimony can be frustrating. You may feel like jumping up in open court and exclaiming “that’s a lie”—then yelling out the truth. This is not a good idea for many reasons. The blog covers some basics of what you need to know if your spouse lies during testimony […]
What Are the Common Acronyms in Divorce Cases?
During a divorce you may hear the judge and attorneys or paralegals use some acronyms that you probably have never heard before. These may be used during hearings, in letters from your attorney, or at other times in situations where you are unable to ask what the acronym means. This blog lists and defines some […]
How Do I Go About Getting My Name Changed After a Divorce in Indiana?
A woman in Indiana may take back her maiden, or any previous name, after divorce just as she can take her husband’s name when getting married. Having your maiden or previous name restored to you in a divorce is not automatic, and requires a few simple, albeit possibly time-consuming, steps. The first of which is […]
If My Spouse Does Not Pay Child Support, May I Withhold Indiana 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 Are the Legal Requirements to File for Divorce in Indiana?
All states have statutory and residency requirements to file for divorce. This helps prevent people from “forum shopping” or filing for divorce in a state which may afford them a better outcome, or from engaging in interstate parental kidnapping. This blog discusses the statutory legal requirements to file for divorce in Indiana and how incapacity, […]
How to Move On With Your Life After Divorce
Divorce may be the most traumatic experience a person can go through. For many, it is not just the end of a relationship, it is the end of life as they know it. Plans were made, goals set, and an ultimate objective established; all of which have now been thwarted. This frequently leaves one wondering […]