Articles Posted in Indiana Divorce

There are some situations in which a divorce decree may be needed or desired sooner than all of the property issues can be settled. For these couples, it is possible to seek a bifurcated divorce.

Hammond divorce attorneys know that while many couples may want the entire matter done and over with at once, there are times when dispensation of property and distribution of debts can be rather complicated and require more time. That could be time that those involved aren’t willing to wait.

State law (IC 31-15-2-14) requires that both parties agree to a bifurcated divorce before the court will grant it. If you aren’t on great terms with your soon-to-be-ex, this is all the more reason to hire an experienced attorney who can help you negotiate.
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Those filing for divorce in Hammond against a military spouse should be aware of the fact that unvested military benefits may be considered marital property for purposes of asset division.

The issue arose way back in 1981 with the case of McCarty v. McCarty in the U.S. Supreme Court, where it was decided that federal law precluded the award of military retirement benefits as marital property upon divorce. However, that decision invited congressional action – and Congress passed the Uniformed Services Former Spouses’ Protection Act, codified in Title 10 U.S. Code, Sec. 1408, effective as of 1983. Essentially, the new law holds that military retirement pay is considered marital “property,” which could be subject to asset division in divorce.

However, the ruling doesn’t mean that former spouses automatically are entitled to a portion of their ex’s military retirement pay, and each case is decided according to individual facts and state law. Many jurisdictions continue to grapple with the issue, as evidenced in the recent case of Daniel v. Daniel, heard by the Ohio Supreme Court.
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As a general rule, the only property in a divorce proceeding that is subject to division is marital property.

The question of what exactly constitutes marital property is one that family courts continue to wrestle with on a daily basis. For the most part, however, marital property is considered that which was earned or acquired during the marriage – unless you agree otherwise. Separate property is that which belongs to only one spouse, either because it was owned before the marriage, received as a gift during the marriage, was an inheritance or personal injury award or was acquired in one spouse’s name and never used for the benefit of the other.

However, these rules aren’t without exception, and one of those is the transmutation of non-marital property. Those filing for a divorce in Gary should educate themselves on this issue, particularly if they own a small business.
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Those exploring the possibility of filing for a divorce in Saint John, Indiana should be aware that prior and pending criminal cases could impact the division of assets in your divorce.

This is true regardless of whether the alleged crimes were financial in nature because the court could find that the actions amounted to a type of financial misconduct. This could be grounds for skewing the asset division in the direction of the non-accused party.

This is what happened in Lesko v. Stanislaw, reviewed recently by the Maine Supreme Court.
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Coming to a decision about whether to divorce or stay together is not something most people take lightly. In some situations, couples take years before reaching their final conclusion.

There is nothing wrong with not wanting to rush into anything. However, long-term separations absent legal protections could end up being detrimental to one or more of those involved.

Legal separations in Indiana, which can last up to one year, aren’t required in order to get a divorce. However, they can be a (reversible) step in that direction. Even if you are not sold on the idea of ending the union altogether, it’s worthwhile for both parties to have a clear idea of how you intend to handle child custody, child support, parenting time, spousal maintenance and temporary division of property.
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Deciding to file for an Indiana divorce is almost never easy.

Determining a fair division of property after the fact can be equally wrenching – and mired with both legal and financial pitfalls if you aren’t careful.

Take for example the recent case chronicled by Reuters, in which a small business owner and his pediatrician wife decided to split after a few years of marriage. The case seemed fairly straightforward, as the couple had no children and he wasn’t asking for any continued spousal support.
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The Affordable Care Act, also known as “Obamacare,” has become the center of a contentious political battle, leading to an uncompromising standoff resulting in a federal government shutdown that has left both sides bitterly divided and the nation in limbo.

Whether you love or hate the act, it appears, at least for now, to be here to stay – and that is actually good news for anyone contemplating filing for a Lake County divorce.

It’s expected that the new healthcare law could serve to ease the financial sting of divorce – enough so that people who might have otherwise delayed or forgone such action will now have more freedom to do so.
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Few divorces involve a clean break.

Even fairly amicable splits can sometimes get messy in terms of finances. This is particularly true for older couples and those who have been married a long time, as their property and assets tend to be tightly intertwine and not easily extricable.

As divorces for those who are over the age of 50 are becoming exponentially more common, our Munster divorce lawyers want to stress that the importance of retirement considerations can’t be overstated.
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Following the repeal earlier this summer of the federal Defense of Marriage Act, our Northwest Indiana divorce lawyers theorized that Indiana’s own gay marriage laws might soon be challenged.It now seems that could be happening sooner than we anticipated, and its happening in the form of a divorce case that’s been filed in Indianapolis.

The case involves an Indiana man who married his same-sex partner in Massachusetts. The two have since separated and are seeking a divorce.

The problem is that he doesn’t meet the residency requirements necessary to file for divorce in Massachusetts. So, he was directed by his divorce lawyer to file his petition with the Marion County clerk’s office in Indianapolis.

The problem, of course, is that Indiana doesn’t recognize same-sex marriages. Lawmakers say next year, they intend to push for the law to be entered into the Indiana constitution, making it much tougher to repeal.

However, unlike some states with similar statutes defining marriage strictly as a male-female union, Indiana also has a provision specifically barring same-sex divorce.

That means that unless the laws change in either Indiana or Massachusetts – or this man moves to Massachusetts – he is unable to obtain a divorce.

It’s unclear, though, what role the repeal of DOMA could have in this case and others like it. One Indiana University Maurer School of Law associate professor was quoted as saying that DOMA could potentially change the outcome of this case. The repeal of DOMA doesn’t require that the state recognize same-sex marriages or divorces.

However, if a judge wanted to rule in favor of recognizing one of these unions, or in providing a divorce, he or she could use the U.S. Supreme Court’s opinion in the DOMA case as legal backing.

So the outcome of this case could just depend on how the judge handling it wants to interpret the law.

The Supreme Court decision focused on whether the federal government had a legal right to deny tax, pension and health benefits to same-sex couples in states where they were legally allowed to marry. Specifically, the question was whether denial of these benefits was a violation of the Fifth Amendment, which guarantees equal protection and due process.

In the end, the court ruled that DOMA did in fact violate the Fifth Amendment and the federal government had to extend the same rights to legally-married gay couples as it does to straight ones. However, it doesn’t force states like Indiana, which don’t recognize gay marriage, to now recognize it in any capacity.

This case is a wild card because there is really no telling how the family law judge will rule. A lot of people are watching closely to find out.

If the judge strikes down the divorce request, the plaintiff’s attorney said he will likely appeal to the Indiana Court of Appeals.
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As destination weddings have become all the rage in recent years, it was probably only a matter of time before someone began marketing “destination divorces.”The concept first caught on in the Netherlands, but it wasn’t long before an American reality show was proposed on the concept and now, a company out of Fort Wayne is offering to help couples do just that: Basically, take a long weekend at a resort and get divorced.

The Daily Beast recently ran an article on the phenomenon.

Our Highland divorce attorneys can understand why the concept is so appealing. Having your divorce over in the course of a weekend – while being pampered, no less – sounds great to a lot of people.

Plus, people like the idea of having more control during the litigation process and avoiding an acrimonious lawsuit that will be ultimately decided by a judge.

The Fort Wayne destination divorce service, meanwhile, offers you a weekend with “no lawyers, no judges, no courtrooms, no fear of billable fees.” The website offers three straight days of mediation, where amenities such as golfing, massages or pool time is available whenever time is needed to “settle down and come back to the table with a clear head.”

That sounds great, right?

Sure, until you realize that the outcome puts you at a disadvantage for being able to move on with the next chapter of your life. Not having an attorney to help guide you through the separation and divorce process, be your advocate and look out for your interests might leave you in a very bad position financially.

Plus, some people might be able to purge all of the pent up emotions from years of a toxic marriage during the course of an afternoon swim or round of golf. But that wouldn’t be most people. Your lawyer is the person you pay to have a clear head throughout the proceedings because you expect it will be an emotionally-charged event.

Additionally, there is really no way, especially if you have young children or if you were married a long time, that you can legitimately iron out all the legal concerns the two of you have over the course of three days. Chances are, you spent more time than that planning your wedding.

The end may have come sooner than you would have liked (or not soon enough, depending on your situation). Regardless, you have to view your divorce planning as preparation for the rest of your life. That means you probably have more to consider than who gets the car and who’s keeping the dog. There are tax considerations. There are retirement plans to divvy up. There could be issues of child custody or child support. There may be joint debts or assets that have to be carefully considered and divided.

The only cases for which we might be able to see a destination divorce working would be those in which the parties were married a very short time, had little or no shared assets or debts and had zero issues of conflict to work out. Even then, we would still suggest that an experienced family law attorney at least conduct a cursory review of your case to ensure that nothing is being overlooked.
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