In Indiana family law cases, whether it is divorce, post-divorce modification, or paternity matter, requesting special findings can be a crucial step in protecting your rights and interests. Not every family law matter requires special findings, but it is important to know how special findings can impact your case. An attorney with experience in family law can explain the significance and use special findings in your matter. This blog will discuss the significance of special findings in your family law case in Indiana.
Special findings, also known as findings of fact and conclusions of law, are detailed written explanations provided by the judge that outline the factual and legal basis for their decision. These findings go beyond a simple order and provide insight into the court's reasoning. Special findings provide a clear record of how the judge arrived at their decision, helping all parties understand the rationale behind the ruling. If you decide to appeal the decision, special findings are crucial. The appellate court relies on these findings to review the case, as they cannot reweigh the evidence or judge witness credibility. In post-divorce or paternity cases, special findings can provide a baseline for future modification requests, clearly showing what circumstances were considered in the original decision. Detailed findings can make orders more enforceable by leaving less room for interpretation or dispute about what was decided and why. Notably, in complex cases, special findings can help establish precedent for similar future cases.
Special findings can be particularly important for cases that involve complex property division, contested custody arrangements, disputes over parenting time, relocation requests, and modifications of support or custody. These circumstances tend to have complicated factual circumstances that take time for the parties to collect their evidence to present their case at hearings. There can be multiple hearings for the issues to be heard by the judge and argued by the parties, and special findings can encompass the multi-day hearings.
In Indiana, you must request special findings before the court issues its final judgment. It is best to make this request as early as possible, ideally in your initial pleadings or during pre-trial proceedings. The request should be made pursuant to Indiana Trial Rule 52(A), which allows parties to request that the court make special findings of fact and state its conclusions of law. While a general request for findings under Trial Rule 52(A) is sufficient, it can be helpful to specify particular issues on which you want detailed findings. Always make your request in writing to ensure it is part of the official record.
If you have requested special findings, be prepared to submit proposed findings to the court. This can help ensure all issues important to you are addressed. Ensure all evidence supporting your position is clearly presented during the proceedings, as the judge can only make findings based on evidence in the record. Be aware that the process may extend the time it takes to receive a final order, as the judge will need additional time to prepare detailed findings. While special findings are generally beneficial, be aware that they may extend the length and cost of proceedings. Detailed findings that do not support your position can make it harder to argue for modifications later.
Requesting special findings in Indiana family law cases is a powerful tool for protecting your rights and interests. While it may require additional time and resources, the clarity and protection it provides can be invaluable, especially in complex or contentious cases. Always consult with an experienced family law attorney to determine if requesting special findings is appropriate for your specific situation. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in family law and special findings. We are here to help you with your family law proceedings in Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
