If you are a business owner contemplating divorce, you have additional considerations that wouldn’t come into play for many facing a separation. It’s not an uncommon scenario, as many entrepreneurs toil long hours building the company, and the marriage can suffer. It’s typical of younger couples to marry with no prenuptial…
Indiana Injury And Family Lawyer Blog
K.R. and T.R. v. Indiana Dept. Child Services – Termination of Mother-Child Relationship
Termination of a parent-child relationship in Indiana is done through judicial proceeding that will forever end the legal, social and financial relationship and responsibilities between a parent and child. It means that all power, privilege, immunity, duty and obligation to that child by the parent is totally gone. Parents can…
January Recognized as “Divorce Month”
The New Year brings with it the potential for change. Many who have been suffering in marriages that are miserable, loveless or simply unfulfilling seize the opportunity to write a new chapter. That’s why January has a reputation for being “divorce month.” But as heartbreaking – or freeing – as…
NEW LAW ALERT- INDIANA PARTY HOSTS MUST PROVIDE MEDICAL ASSISTANCE TO THEIR GUESTS
A few years back, I wrote a blog article entitled Negligent Party Hosts in Indiana May Face Liability. The article provided some general rules and suggestions concerning possible liability issues for people who have parties during the holiday season. A recent Indiana decision, F. John Rogers, as Personal Representative of…
Gertiser v. Gertiser – Indiana Supreme Court Weighs Spousal Maintenance
Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances. Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser…
Divorcing Parents of Children With Disabilities Face Unique Challenges
A new study published last month in the American Journal on Intellectual and Developmental Disabilities revealed that while parents of children with developmental disabilities weren’t more likely to divorce than other parents, their reasons for separating often differed. Researchers analyzed a longitudinal study of more than 10,000 people – and…
Carmer v. Carmer – Prenuptial Agreements, Personal Injury Annuities and Property Division
The business of dividing property, deciding child custody and support payments and parsing out details of a decades-old prenuptial agreement can be messy. When two people have built a life together, it can be difficult trying to untangle all the strings as fairly and painlessly as possible. The case of…
Dant v. Dant – Indiana Appeals Court Affirms Marital Property Division
Indiana law requires an equitable division of property in a divorce. However, “equitable” does not mean “equal,” and it can be difficult for courts to divide property when separate and marital property is commingled. Marital property is that which is acquired during marriage, while separate property is what a spouse…
Stekr v. Beecham – Deviation from Child Support Guidelines
When family courts are weighing how much a parent should pay in child support, they doesn’t simply look at each party’s pay stubs. Typically, the courts conduct a detailed analysis that includes consideration of: Salaries and wages Income from overtime and second jobs Investment and interest income Pension income Trust…
Nelson v. Nelson – Challenge of Child Custody Order
Per the 2002 Indiana Supreme Court case of In re Guardianship of B.H., family courts in this state operate with the strong presumption that a child’s interests are best served by being placed with his or her natural parent. When third parties seek to intervene in custody proceedings to acquire…