Articles Posted in Indiana Divorce

When the economic recession hit, many people found themselves delaying filing for an Indiana divorce solely because of the cost.Even in cases where no major issues are contested and there are no child custody issues or real estate properties to divvy up, attorneys fees will be somewhere in the neighborhood of $1,200 to $2,000.

As the financial burdens have begun to lift for many folks, the divorce rate is once again on the rise. The answer of exactly how much a divorce is going to cost is a difficult one because every case is going to be different, and many times, fees are based upon the level of services you will require.

But that doesn’t mean that you have to spend a fortune trying to forge a new life.

Still, you should be wary of advertisements that promote a quick and easy filing for just a few hundred bucks. Usually, those are for cases where you and your ex have already hammered out all the details and all you need is for an attorney to give you a signature so you can have it all finalized. Often, divorce cases tend to be more complicated than most people realize at first. Keep in mind that investing those funds in an experienced attorney today can ultimately save you a great deal later on. That includes not only the protection of your future financial health, but also your quality of life as it pertains to the time and resources you have available for your children.

But beyond attorneys, you should anticipate that you’ll need to set aside some cash for the following:

• Court costs;
• Fees for early neutral evaluation;
• Mediation costs;
• Fees for parenting classes;
• Costs to refinance;
• Fees for record deeds.

One advantage that suburban Indiana divorce filers have is that typically, these fees tend to be less than what you will find in larger, metropolitan areas like Indianapolis.

However, there are still things you can do to drive down the costs, if you’re willing to spend some time to plan.

First, one of the biggest costs of a divorce is failing to fully understand the financial aspects and other consequences of a divorce settlement. This is why it is so important to have a good attorney. There are so many things that are wrapped up in these cases, including under-performing investments, hidden taxes and depreciating assets, not to mention language in the child custody agreement that can later come back to bite you. Problems with these kinds of things are what lead people to either head back to court to continue fighting (costing even more money) or going bankrupt simply as a result of the divorce terms. What you will spend upfront for a good attorney pales in comparison.

The old saying “Penny wise and pound foolish” highlights the risks of making legal choices based solely on cost.

Secondly, if there are areas upon which you and your spouse can agree, be amenable to compromise. If you are more willing to bend on some issues, you may have an easier time getting your way on others that may be more important to you – and also help speed up the process and in effect lower your overall costs.

Finally, sign a prenuptial agreement. Of course, it’s probably too late for that now. But if you have yet to marry, it’s one of the best ways to drive down the expense of a divorce.

While Burton A. Padove has more than three decades of experience, he is committed to keeping his services affordable. Call today to obtain more information.
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Our Hammond divorce lawyers have become familiar with an advocacy group that is essentially seeking to make divorces in this country more difficult to obtain.

Citing the negative impacts of divorce and the damage that it can cause to children, the Coalition for Divorce Reform has pushed for legislation – most recently in Georgia and North Carolina – that would increase divorce waiting periods, mandate family counseling and eliminate laws that require divorcing couples to live apart.While not every element of these measures is necessarily bad, and in fact could benefit some families, our divorce attorneys worry that such provisions don’t take into account situations where a quick resolution is not only desirable, but necessary.

A perfect example would be in a case of domestic violence or other abuse. Of course, the North Carolina legislation allowed for exceptions to the waiting period and counseling requirement in cases of physical abuse, but that assumes the victim was one of those who actually called and reported it to police. Most don’t. And it also doesn’t account for verbal and emotional abuse, which can be equally damaging.

Another example would be one in which there has been infidelity. In these cases, even when it’s painful, people often know from the very beginning that, “It’s over,” and there is no point in dragging it out.

In a lot of divorces, the marriage has not been working for some time. Both spouses and even the children may be fully aware, and even accepting of it. Making the process take longer ends up benefiting no one, and simply makes it harder for everyone to move on.

In Georgia, House Bill 684 would not apply to couples who were childless. It would apply only to those with at least one child more than six months shy of their 17th birthday or couples who are expecting. In those cases, parents would be mandated to participate in eight-hour parenting classes and counseling sessions. The measure would also lengthen the waiting time for a divorce.

Exceptions would be made in certain cases, such as when the couple has been living apart for five years or more, or when one partner is serving a prison sentence.

However, these measures don’t account for the fact that every divorce – just like every marriage – is a bit different, and that what works for one family may be harmful to another. Forcing people to try to work it out first isn’t the answer. We have to trust that if an adult has decided to walk away from a marriage, he or she must have a good reason for doing so. And even if they do not, it is their prerogative. They will still have to abide by the laws governing child support and other financial obligations. But beyond that, we should not be using legislation to force people to repair emotional bonds.

In Indiana, assuming at least one spouse meets the residency requirement, there is a 60-day waiting period after the divorce is filed before the proceedings can continue and the divorce can be finalized.

Of course, many divorces end up taking longer than that anyway because there are often many ties to be untangled in the course of a separation.

Making couples wait any longer is not only unnecessary, it’s unfair.
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Lawmakers in Florida are wrestling with the question of whether to do away with permanent alimony payments in the state, limiting the circumstances under which former spouses could obtain financial support – separate from what is provided to the children – in a divorce decree.Supporters call alimony a “life sentence,” though the measure is staunchly opposed by the Family Law Section of the Florida Bar Association.

Here in Indiana, our Highland divorce lawyers are well aware that divorcees don’t have the option of alimony, in the traditional sense.

What we do have is spousal support, which is also referred to as spousal maintenance. Simply put, it is a means by which one spouse may collect monetary payments from another. The goal of spousal maintenance payments is to aid the lower-earning spouse in maintaining a “reasonable” standard of living, and further to become self-sufficient both during and after a divorce.

So far, it may sound like any other alimony system. However, the courts are greatly limited in terms of deciding who is eligible for support payments. There are only three circumstances under which the court is allowed to award spousal maintenance payments. Those are:

1. A finding by the court that one spouse is mentally or physically incapacitated in such a way that it materially impacts that spouse’s ability to be self-sufficient. In these cases, the spousal support has the propensity to continue for the length of the incapacity. The court could choose to alter the order at a later date.
2. The court makes a determination that one spouse doesn’t have enough property, even after the division of marital property, in order to provide for his or her needs AND that spouse has custody of a child who suffers a mental or physical disability that makes it impossible for that spouse to work. In these cases, the judge can order support payments for any length of time that the judge deems appropriate or necessary.
3. Lastly, a judge can award support payments for up to three years if it is determined that, after weighing each spouse’s education, earning capacity, and the interruption of education or career to care for children, that an order of support is appropriate. Consideration must be given to how long the supported spouse will need in order to be adequately retrained and obtain work. This is called rehabilitative support. Three years is the maximum amount of time that this type of support can be offered.

Although these parameters are quite strict, there is no ceiling or even any specific guidelines for how much support may be awarded. That means it will be up to the judge to factor in the kind of lifestyle these individuals had, whether the the supported spouse might be able to work and earn money even while retraining, whether there would be any significant tax consequences, as well as a number of other considerations.

It’s important to note that if the supported spouse remarries or dies, those payments will end automatically.

Otherwise, it can be pretty tough to get one of these orders altered once they are in place. Usually a chance would require dramatically-changed circumstances. For example, if the paying spouse loses his job and has no ability to pay, or if the supported spouse receives a sizable inheritance.
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Seldom do people marry believing that it’s temporary. They expect it will be forever.However, as an increasing number of baby boomers are beginning to find out, forever is a very long time.

Our Munster divorce lawyers know that the number of over-50 clients we’ve seen in recent years has been on the rise. Now, the National Center for Family and Marriage Research confirms that this is a nationwide trend. Between 1990 and 2010, researchers say the divorce rate doubled for over-50 couples.

This is a marked shift from the historic trend. In the past, divorce primarily involved younger couples, those who had perhaps married too young and soon realized they had made an awful mistake. Back in 1990, these individuals accounted for 90 percent of all divorces, while those 50 and older accounted for just one in 10.

As of 2010, 50-and-older couples accounted for 25 percent of all divorce filings. It’s higher for those who are already in their second or third marriage.

Some speculate that some of the same things that can recharge a marriage can also cause it to falter. For example, the kids leaving home. Many couples might see this as a chance to revel in one another. But increasingly these days, couples are finding that the kids were the glue, and so the union comes undone.

Another factor is that more often than ever, women have independent and successful careers outside the home. They don’t have to stay in the marriage to survive financially.

Additionally, as the baby boom generation ages, the number of seniors is rising at a rapid rate, which means their overall divorce numbers are going to be higher. People are living longer and healthier too, which means people are less apt to simply accept the status quo solely based on the feeling that it’s too late to change.

And finally, those who have been married and divorce before, although they may be loathe to go down that road again, know when it’s not working. And they know that, having been through it once, they can go through it again and come out alright on the other side.

All of this said, our Munster divorce attorneys are keen to the fact that the needs of divorce clients in their 50s and 60s are far different than those in their 20s and 30s.

Younger couples are primarily going to be concerned with things like child support, mortgage payments and co-mingled debts. There may still be some of that for older couples, but we have found concerns tend to shift to ensuring health insurance for both parties, sorting out home equity liability on underwater homes and long-term support payments and savings.

There is a lot that we can work into the divorce arrangement, depending on your individual situation. The important thing is planning. If you are the one who will likely be initiating the divorce, you may want to sit down with a divorce attorney and a financial planner before even having extensive talks with your soon-to-be-ex. It’s not a matter of loyalty, it’s a matter of practicality and of ensuring your long-term needs will be met.

If you are the one who is being filed upon, do not allow shock to stop you from hurrying to see a lawyer. In some cases, the earlier we can review your case the better our results will be.

As you are going through the process, keep the following in mind:

• Save as much as you can, with the understanding that your income and monthly expenses may be substantially impacted by the aftermath of a divorce;
• Refrain from continuing to support your adult children, whether it is through monthly expenses or a $25,000 wedding. At the very least, wait until the dust has settled and the ink has dried.
• Meet with a financial planner, in addition to meeting with your divorce attorney. In some cases, we will work with financial planners in order to help you hammer out an agreeable divorce settlement that will help you well into retirement.

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New Years is a time when many begin to reevaluate their lives and think about where they are going in the future. For some, this brings up questions about whether they want to stay in their marriage or whether they want to explore the possibility of divorce.If you are thinking about potentially putting an end to your marriage, it is important to get some basic information about what the divorce process entails. To help you get started on making an informed choice, our Highland divorce attorneys have answers to some of the key questions. These New Years divorce FAQs can give you a good starting point in deciding whether divorce is right for you.

How Do I Get Divorced?
You can get divorced in Indiana if you or your spouse is a resident and have lived in the state for at least three months prior to the divorce. To start the process, you or your spouse will need to file a Petition for Dissolution. After no less than 60 days, the court will enter a decree of divorce. Your divorce settlement should also be entered at the time of your divorce decree.

Does there have to be a reason for the divorce?
Indiana does not require that someone be at fault for the divorce, but there must be grounds for the divorce. Grounds for divorce can include an irretrievable breakdown of the marriage. In some cases, however, someone is responsible or does something to prompt the divorce. In these instances, grounds can be included.

Do we have to go to court?
You do not have to go to court in every divorce. If you agree on a provisional order, if you and your spouse both complete divorce education and if you can come to an out-of-court settlement agreement that resolves all of your issues, then you can get a waiver to avoid appearing in court.

How do Indiana courts divide property?
Indiana divides property equitably or fairly. It does not matter whose name the property is when Indiana courts decide how to divide property. Courts will look at the contributions that each party made to the marriage, as well as the party’s income, where the property came from (whether it was inherited, etc) and the party’s behavior with regards to marital funds when deciding how property is divided.

Who will get custody of the kids?
It is always best if you and your spouse can answer this question on your own and come to an agreement outside of court. You can even get help from a mediator to come to a solution. Resolving the custody dispute on your own is best so you can decide what works for your family. If you cannot resolve the custody agreement on your own, then the courts will decide the issue for you by considering what is in the best interests of the child.

Should I have a lawyer?
You should always have a lawyer when going through an Indiana divorce and your spouse should have a separate attorney. Your respective attorneys will negotiate a settlement, advise you of your rights, help protect your rights and argue for you in a litigated divorce should it become necessary to ask a court to decide issues of property or support.
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When it comes to divorce filings, January is king.In fact, the first Monday after the children return to school from the winter break is actually when we see more divorce filings than any other day of the year.

Our Lake County divorce lawyers know there is no one-size-fits-all explanation. As with any other matter of the heart, it often comes down to a complex set of factors all converging at once.

But that doesn’t mean you should fail to be strategic. Our divorce lawyers know that proper planning is key to ensuring you start the new year – and the first part of the rest of your life – off on solid ground.

One reason January may see so many filings is that unfortunately, the holidays tend to bring out some of the worst in people. Or at the very least, it can be a time of intense stress, and it can cause tensions from other, long-festering disagreements to bubble to the surface. Plus, couples with children really try to their best to hold it all together during the holidays, even when there are serious underlying issues. They either do their best to really give it their all one last time, or they commit to giving the kids one last holiday season of togetherness.

After the first of the year, people find they can no longer take it, or they have already made up their minds to act. It becomes a personal deadline: If it’s still not working by New Year’s, I’m done.

The founder of DivorcedWomenOnline.com says they see the most page views the day after Christmas. People begin looking for information before the new year even starts, but they often wait until the attorneys are back in the office. They may even give themselves a few days or weeks to mull it over before finally deciding to pull the trigger.

Then you consider that the whole sentiment that a new year brings: Fresh start, clean slate, new beginnings. It pushes people to really assess what they want in life, whether they’re truly happy or whether it’s simply not working.

But one reason we may end up seeing a larger-than-normal number of January filings is that we as a country experienced a slight economic uptick in the last several months. It’s well-documented that economic downturns actually cause people to stay in unhappy marriages for longer. Divorces, even when they are good for everyone involved in the long run, do cost money. It’s not just about filing fees and lawyer costs. You have to consider the cost of essentially halving your monthly income and/or doubling your monthly expenses. But truthfully, divorce shouldn’t be a luxury. If you aren’t happy or if you have been seriously wronged or especially if you are in an abusive relationship, getting out now will find you better off down the road.

And all of this is going to be true whether you file in January or June or September. No matter what month you file, you are going to have to make the same considerations.

What we absolutely would not advise is to rush a divorce filing without first consulting with an experienced divorce lawyer. It’s often better to wait and file in March with all your ducks in a row than to hurry and file in January without being organized. Still, every situation is different. Call us today to see what is truly the best course of action for your situation.
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If you are trapped in an unhappy marriage, then the New Year may mark a time when you begin to consider your options and to think about what you want to do with the rest of your life. If divorce is on your agenda for 2013, then you should also start thinking practically about how you are going to get ready to dissolve your marriage.Our Hammond divorce lawyers urge you to start your preparation now if you are considering divorce. By getting your finances and personal situation in order and by starting the planning process for ending your marriage early, you can help to facilitate a fair and expedient divorce that results in a reasonable settlement for you and that doesn’t drag on for months of expensive and emotionally draining battles.

Steps to Take To Get Ready for Your 2013 Divorce
Here are a few key steps that you should take if you are considering getting divorced this year:

• Make copies of all relevant financial paperwork and documents. In the early months of 2013, tax information will be sent out by employers, investment accounts, loan accounts and other businesses and entities you have a financial relationship with. Be sure to make copies of ALL financial forms and documents that come your way so that you’ll be prepared when it comes time to negotiate a financial settlement.
• Start saving up some cash. When you are separated from your spouse, you’ll have to support two households instead of one. You need to have some money set aside so you can be prepared. You’ll also need some cash to pay for legal fees and divorce costs.
• Apply for credit in your own name if you don’t have any credit already. You will need to have a credit history if you want to rent an apartment, get a car loan or get a credit card of your own.
• Take an inventory of personal and marital property and write down the assets and debts that you have accumulated. This will help you to see where you stand financially and it will also give you a good jumping off point when you start the negotiation process during your divorce.
• Stop posting personal details on your social network or sending emails that you wouldn’t want anyone else to see. When you post things online or send emails, you leave an electronic trail behind that could cause you some serious problems when it comes time to divorce.
• Evaluate your health insurance situation. If you are on your spouse’s plan, then start to think about what your options will be post divorce. You may have only a limited amount of time to enroll in a plan with your own company during an open enrollment period and you should find out when that is and whether you will be eligible if you suspect you’ll be divorcing and losing coverage.

Finally, the last and most important step to take is to talk to an experienced divorce lawyer. The earlier you speak to an attorney, the more informed you will be about how to prepare for divorce and about what your rights will be during the divorce process.
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The case of D.C. v. J.A.C., Indiana Supreme Court, reveals the complexities of move-away custody cases in Indiana.Because the question at hand involves a parents’ current and future relationship with their children, our Munster divorce lawyers know that these cases often involve heightened emotions and can quickly become bitter.

We understand that this is not a matter you want to leave to chance. That’s why we are dedicated to fighting for your rights and the best interest of your child’s future.

In this case, mother and father married in 1997 and had one child, a son, who was born six years later. When the child was 5 years-old, his parents decided to divorce, and at the time, they agreed to share legal custody of him. The agreement indicated that while the mother would be provided with physical residential custody (meaning this is where the child sleeps overnight), the father was granted parenting time consisting of two weekends a month and three overnight visits each week.

This arrangement worked well until the mother filed a notice in the summer of 2010 of her intention to relocate. She filed what is called a motion for temporary order permitting relocation. While that motion was pending, she moved with the boy to Nashville, Tenn. However, the following month, the court ruled on the matter, denying her motion. The mother complied with the court’s order to return the child back to Indiana.

At this point, the father filed a motion to modify custody in order to prevent the boy’s move, under Ind. Code 31-17-2.2-1. Under this statute, the parent who wishes to move holds the burden of proof in showing why the move is both legitimate and in good faith. For example, moving for the sole purpose of keeping your child away from his or her other parent is a request almost certain to be denied by the court, except for extenuating circumstances such as proven abuse or long-term incarceration.

In this case, the court responded by first appointing a guardian ad litem for the child. A few months later, a hearing was held, and the GAL testified that he didn’t believe a move out-of-state was in the child’s best interests. Other testimony considered was that of not only the mother and father, but both paternal and maternal grandmothers and the child’s godfather.

The district court sided with the father, providing that both parents would continue to hold joint legal custody, but the father would now be the primary physical custodian, and the mother would receive parenting time during any school holidays and other times she came to visit.

The Indiana Supreme Court then affirmed the trial court’s decision, finding that the neither the findings nor the judgement were clearly erroneous, as required for a reversal in these cases.

When the court is weighing whether to grant relocation, the following are the primary considerations:

• The distance involved;
• The hardship expense for the parent who is staying in-state to exercise his or her parenting time or grandparent visitation;
• How feasible it will be for the child to maintain a relationship with the non-custodial parent;
• Whether there is an established pattern of conduct on the part of the parent who is moving that indicates he or she is trying to curb the relationship between the non-custodial parent and the child.
• The reason for the move (i.e., work, to care for an ailing parent);
• Other factors that are considered in the best interest of the child (the child’s age, sex, relationship with siblings, school, church, etc.).

Regardless of the details of your case, call us today to see how we can help.
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More and more frequently, couples are choosing to live together, buy homes and have children without first getting married.Our Highland divorce lawyers know that while divorce cases tend to be fairly straightforward under state law, those who simply cohabit or have a domestic partnership tend to have a tougher time securing their rightful belonings. That’s because Indiana outlawed common law marriage back in 1958, and the state’s constitution expressly bars recognition of same-sex marriages.

There is the principal of per lex loci celebrationis, which essentially allows common law marriages recognized in other states to be recognized in Indiana, but Indiana residents themselves aren’t afforded this protection. (This is all addressed in IC 31-11-8-5 and IC 31-11-8-0.3, which states marriages are void unless they are accompanied by legal proceedings.)

That’s why these cases require an attorney with proven experience in this realm.

Our firm has handled countless cases for individuals who were not married, and yet shared property, debts or children.

This is what was at issue in Reed v. Parrish. Although this case was out of Alaska, and divorce laws can vary greatly from state-to-state, the same basic principles apply.

In this case, the couple had been in a relationship together for a dozen years and had three children together, yet never married. They resided in a home that was legally owned by the man. The pair separated and, pursuant to a domestic violence protection order, the woman remained in the home with the children while the man paid the mortgage.

The superior court in this case determined the pair were living in a domestic partnership, and had sought to acquire property as though they were married. It’s worth noting that the state of Indiana does not recognize such a union as valid.

The court then evenly distributed the property, but omitted the mortgage payments. The man appealed, arguing the court failed to properly credit him for his mortgage payments made after the pair had separated.

The superior court’s decision was recently affirmed by the state supreme court.

Because Indiana doesn’t have these kinds of protections in place for individuals who are not married, there are a few options couples might consider while they are still together to protect their asset later. One is a property agreement. This can be a legally binding contract that stipulates ownership or joint ownership at the time of purchase.

You also have the option of separation agreements. These are essentially contracts that are negotiated prior to separation that spell out how property and assets may be divided in the event of a split.

The bottom line is that if you don’t have a marriage license with the spouse from whom you’re separating, you’re going to need an experienced family law attorney in order to ensure your rights and property are protected.
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There has been a lot of buzz recently about the increasing use of so-called “divorce coaches” in Indiana and throughout the country.Our Highland divorce attorneys can most certainly understand the benefit of having someone to help you work through the emotional turmoil of a divorce, as well as help you organize and prepare your finances and other documents.

It must be noted, however, that most of these “coaches” are not lawyers, and a lawyer is the first person you need to meet with if you are thinking of filing for a divorce. This is because a divorce attorney will advise you on, legally, all the things you will need to consider. At the end of the day, divorce is a legal process, and you need to make sure your assets, child custody considerations and your other rights are protected.

Back in the 1990s, we began to see an increase of so-called “life coaches.” These are people who are not necessarily counselors, but they will advise you in areas of relationships and intimacy, hot to handle stress, planning your career, spiritual growth, healthy living, parenting, etc.

Divorce coaching, which didn’t really get a start until the early 2000s, is similar, except the focus is all geared toward the divorce process. In some cases, couples may even choose to work together with a divorce coach – though, again – you have to be careful with this because you don’t want to jeopardize yourself from a legal standpoint by working with your soon-to-be-ex outside the courtroom. Always consult with an attorney before you engage in such sessions.

In some cases, divorce coaches will offer “pre-legal advice.” Generally, this is advertised as a way to help people get organized before a divorce. They help you round up legal documents, tax papers, bank statements, etc. before you see a lawyer. This sounds like a good idea on the surface, but you have to be careful here for two reasons:

1. Your “coach,” not being entirely familiar with the intricate aspects of family law, as spelled out in the Indiana Code, may not know exactly what you need or what someone in your exact circumstances will face. This is what your attorney is for.

2. You don’t want to have to pay twice for the same thing. You know you are going to have to consult with a divorce attorney at some point anyway. Your attorney can be the one to tell you what documents are necessary, and which may be expendable.

The other service these individuals offer is sometimes referred to as “hand-holding.” This might actually be one positive service. We know that some amount of venting is normal. But we realize you may not want to pay an attorney for his or her time to listen, and friends and family may be either biased or can’t be the emotional rock you need right now. In these cases, having a neutral third party may be beneficial.

However, you should understand that these are not individuals who necessarily have a degree or certification in therapy or counseling. Their advice is not going to be made on the basis of any medical knowledge and they won’t be able to diagnose or treat you if you do fall into a depression or suffer other health-related issues. Those kind of issues are specifically for a therapist or counselor or your physician, and again, it comes down to whether you want to ultimately end up paying two people for the same service.

And finally, divorce coaches advertise helping you get organized. But again, your Indiana divorce attorney can usually better tell you what it is your going to need to be adequately prepared for your case.

The bottom line is that relying entirely on a “divorce coach” to help you get started may end up costing you more in the long-run.
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