What Is the Appellate Process in Indiana?
In general terms, the appellate process is nothing more than having your trial court final order reviewed by a higher Court. This is a right, and the appeal is taken to the Indiana Court of Appeals. The Court of Appeals of Indiana is located in Indianapolis and is comprised of fifteen (15) judges. The appellate […]
In Indiana State Trial Court, When Can a Losing Party Appeal?
Unlike some states with a low overall population, Indiana is large enough and fortunate enough to have an intermediate appellate court: the Court of Appeals of Indiana.1 The court of last resort, or highest court in Indiana, is the Indiana Supreme Court. A party who loses can take his case as a matter of right […]
What Is the “Cooling Off” Period in an Indiana Divorce Case?
Having children, who will grow up and become productive members of society, is a favored public policy in Indiana. For this reason, a party just cannot file a case one day and get divorced the next. In every state, there is a “cooling off” period to see if the parties can work out their differences, […]
What Are the Grounds for Divorce in Indiana?
Indiana recognizes only four grounds for divorce or dissolution of marriage.1 The state now has one no-fault ground and three which require proof of fault. It is one of only a few states that does not recognize infidelity as a ground for divorce. This blog explores the different grounds for divorce available and why you […]
Can I Start Dating, or Do I Have to Wait Until the Divorce Is Final in Indiana?
Divorce attorneys have different views of cases and how they should be handled. This is called strategy and varies widely from attorney to attorney. That said, there is universal agreement between almost all divorce attorneys you should not date or post on social media during a divorce. That said, there is no prohibition in the […]
Five Tips for Divorcing a Narcissist
We all know and understand what the official statistics say – about 1-5% of the population suffers from narcissistic personality disorder. This extreme disorder causes a person to experience a marked lack of empathy, an exaggerated yet extremely fragile ego, and a distasteful sense of entitlement. What this statistic fails to take into account is […]
Five Reasons Why Marriages Fail
When a marriage fails, it can leave you wondering what happened. Oftentimes, resentment and hurt feelings cause both spouses to blame the other for the end of the marriage. While there are times when a failed marriage can be the fault of just one party, this is generally not the case. This blog explores 5 […]
What Does It Mean When a Parent Has Sole Custody in Indiana?
In general terms, when a person (who has been through a divorce or paternity case) says they have sole custody, they may mean they have sole physical custody of the children. What this means is that they have physical custody and the other parent gets Indiana Parenting Time Guideline time at a minimum. However, it […]
What Are the Major Decisions in Joint Custody in Indiana?
In Indiana, there are types of custody. The first is physical custody. Most parents have a general understanding of physical custody as it relates to where the children will primarily reside (and sleep at night). The parent who does not receive physical custody will receive Indiana Parenting Time Guideline time at a minimum. This noted, […]
What Are a Father’s Child Custody and Visitation Rights in Indiana
At the founding of America, women and children were the de facto property of their husbands. As time went on, law evolved (women got the right to vote) and psychology evolved. At that time, the tender years presumption worked its way into the law. Under this presumption, it favored mothers in custody cases and having […]