One fact that is difficult for many divorcing couples to grasp is that just because something is ordered in family court does not mean third parties must adhere to it. A common example is when a husband is absolved of making mortgage payments on a marital home in which he…
Articles Posted in Indiana Divorce
In re Marriage of Gust – Spousal Maintenance Amount, Duration, Weighed
Indiana law generally presumes following a divorce each spouse will work and support him or herself after the marriage has ended. However, there are some exceptions, and in these cases, spousal maintenance is granted. Courts are more likely to grant temporary spousal maintenance during the interim period between when divorce…
George v. George – Divorcing an Abusive Spouse
While divorce certainly has its challenges, it’s usually preferable to remaining in a union that isn’t working. However, when the element of abuse is involved, there are unique and important considerations that must be made before proceeding. It has been proven violent spouses are most prone to extreme acts when…
Pre- and Post-Nuptial Agreements Must Be “Just” and “Equitable” to be Valid
Both pre- and post-nuptial agreements have increasingly come into favor among many couples, particularly those who are waiting longer to marry (or are marrying later in life) or may have issues to resolve during the course of the union. These are formal agreements that will be recognized by Indiana civil…
Hardman v. Hardman – Allocation of Child Tuition Expenses in Divorce Settlement
Most parents want to ensure their children have the best possible chance of success as an independent adult, and that means having a solid education. However, there are many varying schools of thought about what a good education looks like – and how much it costs. In matters of divorce,…
Balogh v. Balogh – Post-Nuptial Agreements Can Protect Property
By now, most people are familiar with the concept of pre-nuptial agreements. These are contracts signed before a couple recites their vows, and are typically intended to protect assets acquired by the individuals prior to the union. Less recognized, but no less formal before the courts, are post-nuptial agreements. These…
Crossland v. Crossland – Eligibility for Gov’t Benefits Weighed in Divorce Case
With increasing frequency, older couples are choosing to separate after several decades together. Our Hammond divorce lawyers recognize that in some respects, these cases are simpler, mainly for the fact that young children are not part of the equation. A lack of a custody battle ratchets down the potential for…
Stanley v. Stanley – Fraudulent Conveyance of Property Pre-Divorce
In some ways, divorce proceedings are much like that of a bankruptcy. Both can involve the litigation of highly personal matters, and both require intense, third-party analysis of your finances. In both scenarios, once a filing is made, every financial decision you make thereafter – and some you made before…
Equitable Distribution in Divorce Weighed by Indiana Appellate Court
When exploring the possibility of filing for divorce in Indiana, one primary consideration is the way in which courts divvy up property accrued during the marriage. The courts have established that the goal is equitable distribution, which some mistake to mean “equal distribution.” This is not so. Hammond divorce attorneys…
Indiana Divorce Involving Co-Owners of Business
When married, co-entrepreneurs are busy getting their business off the ground, they often don’t consider what might happen if they divorce. It’s understandably not a pleasant scenario to consider, particularly when things are going well. However, a family-owned business run by married couples can quickly tank if the divorce is…