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Divorce

Can I Modify My Property Settlement Agreement From My Divorce Action?

On Behalf of | Jul 23, 2020 | , , , ,

In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce…

What Happens In Child Custody Litigation When A Child Turns Fourteen?

On Behalf of | Jul 22, 2020 | , ,

In all child custody litigation—the original determination by a court or in passing on a modification petition—the trial court always looks at what is in the child’s best interests. In making its initial determination to award physical custody, there is no preference for either parent. With a modification, a substantial change in circumstances must be established and be in the…

What Evidence Does The Court Of Appeals Consider In Each Appeal?

On Behalf of | Jul 17, 2020 | ,

We often see a lot of confusion when it comes to appeals and the appeals process. This is understandable, as it is an extremely technical process, requiring close attention to the rules of appellate procedure. In Indiana, the Court of Appeals and Supreme Court are limited in their ability to hear certain matters and the evidence that can be presented…

Four Things To Know About Child Custody In Indiana

On Behalf of | Jul 16, 2020 | ,

Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by understanding the basic workings of child custody in Indiana. In this blog, we provide…

Why You Should Consider Appealing Losing In A Custody Battle

On Behalf of | Jul 7, 2020 | , , ,

Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought…

What’s An In-Camera Interview With My Child And Why Would I Want To Ask For One?

On Behalf of | Jul 2, 2020 | , ,

There is general agreement among the bench and bar that parents should not call their children as witnesses in their divorce of post-decree modification cases. Putting any child on the stand is a traumatic experience and one that usually makes them pick sides. On the other hand, while there are a lot of ways a child’s views can be made…

What “Secrets” Should I Tell My Divorce Attorney?

On Behalf of | Jun 30, 2020 | ,

Almost every seasoned divorce attorney has been blindsided in court from some significant evidence (documents or testimony) that has a detrimental impact on his or her client’s case. The conventional thinking may be my spouse does not know about it or would not dare to raise it in our divorce trial. Think again. However, that is almost always not the…

Should I File A Reply Brief In My Appeal?

On Behalf of | Jun 26, 2020 | ,

Appeals represent only a small fraction of all of the final orders issued each year by Indiana Trial Courts. Appeals take an additional emotional toll, are sometimes costly, and add several more months to the litigation. That said, the Appellant has the right, presupposing the potential Appellee, files an Appellee’s Brief, to have the proverbial last word on appeal and…

Can I Get Divorced If I Am Stationed Abroad Or Deployed In The United States Military?

On Behalf of | Jun 25, 2020 | ,

Indiana, having a significant number of military installments, has its fair share of military divorces over the course of any given year. In fact, many attorneys have tried divorce cases over the phone from troops who may not even be able to disclose their location to the trial court. That said, there are protections for military members under the Soldiers’…

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