Articles Posted in Indiana Divorce

A couple begins arguing over allegations that the man is cheating on the woman.The fight escalates to physical violence, with the man reportedly head-butting the woman, causing her to require stitches.

The woman subsequently files for divorce.

Indiana divorce lawyers know that this type of scenario is frighteningly common that it would hardly garner any attention at all, were it not for the fact that it involved former NBA star Chad Johnson and his reality star wife, Evelyn Lozada.

The only real difference here is that as far as we know, the violence Johnson reportedly inflicted on his wife occurred only once before she left him. Sadly in most cases, the abuse may stretch on for decades before the victim decides he or she is ready to leave.

During a divorce action, at-risk spouses must be particularly careful. In fact, intimate partner homicides are twice as likely to occur during a separation or divorce than at any other time. That’s why it is critical if you have been a victim of domestic violence prior to filing — or if you suspect your partner may be capable of violence — that you discretely consult with an attorney who has experience in handling similar cases. An experienced attorney will understand the type of plan that must be formulated in order to ensure your protection – and it does require planning.

Unfortunately, oftentimes the spouse who is being left can not accept that it’s actually over. Johnson may be a perfect example. Following his wife’s filing, he proceeded to get a large tattoo of her face on his leg. When asked if they were getting back together, he publicly stated he did not care what she had filed, the pair would remain married. He has also refused to sign divorce papers. She, meanwhile, maintains that she is moving forward with the proceeding in order to protect herself.

While this case illustrates that no one is immune from domestic violence, it’s true that Lozada may have resources that most abused spouses do not. This is where the careful planning comes in.

Here are some general steps that need to be taken:

Meet with a family law attorney who is experienced in situations with domestic violence. We can assist you in determining the safest way to leave. We can offer discrete consultations about what your options are, what documents and other items you need to gather (if you can do so safely), how you can protect your children, where you can seek shelter and whether law enforcement should be involved. Some of the things you will likely need to have before you go include: Important documents (license, passport, health insurance card, green card, house deed, etc.), medications, money and/or checkbooks and/or credit cards, clothing and jewelry and copies of unpaid bills.

Your family law attorney can also help you file for a temporary civil restraining order. It’s true that a piece of paper may not keep someone away if he or she is determined, but it does give you some legal recourse and protection.

Locate a woman’s shelter and social-service resources for abused spouses and children. Your attorney can help you with this as well.

Talk to your employer and your children’s school administrators about your situation so you can avoid any inadvertent disclosure of your location or any other information.

Get a cell phone to which your ex will not have the number and give it out only to a very select few people you know and trust.
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A divorce and subsequent fight for child custody can be two of the most trying things you may ever endure. Many people liken it to dealing with a death.Indiana child custody lawyers know it is the end of whatever dream you may have had for a future with you and your spouse together. Plus, you feel as if you’re losing your whole family. It’s understandable that mounting frustrations can bubble over, and that’s often where it gets ugly.

Having an experienced attorney, of course, is the best thing you can do to protect your rights and to try and eliminate as much of the unnecessary emotion as possible from the equation.

But you have to be careful of how you express those negative emotions. Whether it’s a nasty e-mail to your ex, a post on Facebook or, in this case, a song on YouTube that includes threats against the judge, it can sometimes jeopardize the merits of your divorce case or child custody dispute. It may even result in criminal charges, as it did in U.S. v. Jeffries, recently reviewed by the U.S. Court of Appeals for the Sixth Circuit.

This was a case out of Tennessee, and although divorce and child custody laws vary significantly from state-to-state, the basic concept is relevant anywhere in the country.

In this case, the man was embroiled in a bitter custody battle for his young daughter. He had been actively seeking greater visitation time with his daughter. In his frustration, he penned a song detailing his emotions. Half of the song talked about relationships between fathers and daughters and the importance of spending time together. Conversely, the rest of the song is a litany of complaints about the legal system, his ex-wife – and the judge. With regard to the latter, the amateur musician threatens in his song to kill the judge if he does not grant him greater custody rights.

The man performed the song, complete with acoustic guitar, and posted a video rendition on YouTube.

It includes such lines as, “I guarantee you, if you don’t stop, I’ll kill you,” and, “If I have to kill a judge or a lawyer or a woman I don’t care.”

This was several days before a re-hearing on his visitation rights. He uploaded the video and shared it with several friends and family members. He dedicated the song to the judge. The video was also shared with a state representative, a local television station and a fathers’ advocacy group.

He tried to take it down 24 hours later, but by that point, it had been forwarded multiple times, including to his ex-wife, who then forwarded it to the judge.

Law enforcement viewed the video, and the case was forwarded to federal prosecutors, who charged him with violating 18. U.S.C. 875 (c), which prohibits transmission in interstate commerce of any communication that contains a threat to injure another person.

By law, the threat must be “objectively real” in that a reasonable person could have concluded that the threat was true. Regardless of his intent, the question before the jury was whether a reasonable person could have perceived a potential for a viable threat. His defense attorneys argued that he meant no actual harm to the judge.

Ultimately, both the trial court and later the appeals court determined that the threats were objectively true. A conviction on this charge carries a maximum penalty of up to two years in federal prison.

What’s more, as a convicted felon, this father may have lost any chances at increased or sustained visitation.

It’s a sad case, but the lesson here is critical: If you need help working through this incredibly stressful time – seek it in the form of counseling. Let us take care of the rest. And keep your life out of social media until your case concludes.
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Divorce is one of those life events that leaves no aspect of your world untouched.

Your small business is going to be no exception.In fact, our Highland divorce lawyers know that there are special considerations that must be made and a fair amount of planning that has to be done in order to extricate yourself from the union with as little impact to your business as possible.

The fact is, most small business owners aren’t prepared for divorce. We already know that more than half of all marriages aren’t going to work out, but nobody enters into it thinking theirs will be among the 50 percent that didn’t make it.

Entrepreneurs though may have it especially difficult right now because of the economy. Many couples struggle to see eye-to-eye on money issues. But when you own a company, those stresses are compounded tenfold because you feel responsible for the welfare of others. You want to do everything possible to stay afloat. But that time away from home takes a substantial toll on marriages and families. Some simply aren’t able to survive it.

When you first begin to see things souring, that’s the time to seek legal counsel.

This is especially important for business owners because it’s not just yourself that you must strive to protect. You have a loyalty to your employees, your customers and others who depend on you and your business.

Hiring experienced legal counsel as early on in the process as possible will allow you to initiate the planning phase and reduce stress levels. This will help keep you focused on driving the business forward and continuing to keep it successful.

Some entrepreneurs have reported that their divorces ended up costing them thousands – not so much in legal fees, but in time spent in the mediation process and in court, the time expended on digging up reams of paperwork and in the time it takes away from getting new customers and maintaining relationships with existing clients. It can be especially burdensome if you run a company with a relatively small staff – where every person is vital to the operation – especially you!

The other question that comes up is what stake your soon-to-be ex will have in the company and its past and future profits. This is going to depend on a great many variables, including:

• What type of business it is;
• What the ownership structure is;
• What was the role of your spouse in the company;
• Whether you have children together;
• Whether you founded the business before or after you were married.

Of course, there are some things you should do to protect your business before you get married, assuming it’s already running at that point. Those include creating a clear prenuptial agreement, the establishment of a buy/sell agreement, the creation of a domestic asset protection trust (which would protect the company from being subject to division in the event of a divorce) and the creation of a will.

However, if you haven’t done those things, there are still other steps you can take. It will require at least some level of cooperation on the part of both spouses, as well as having skilled legal counsel to help you navigate the potential pitfalls.
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As with nearly every other facet of our lives, technology is fast becoming an integral tool for those seeking an Indiana divorce.There are currently state-specific apps that help you calculate child support fees or figure what a divide of marital assets will look like.

However, there is absolutely no substitute for an experienced Indiana divorce lawyer. Trying to go it alone in court with your smart phone is anything but smart.

That said, these calculators can give you a good idea ahead of time of what the cost estimates will be and can help you to get organized. This is an important step in the process before you even walk out the door.

What you have to be wary of is the fact that each state has its own specific laws with regard to divorce. It’s not like tax law or immigration law, where the rules are going to be the same across the board.

In some states, you can get a fairly accurate idea of what a divorce is going to cost you in terms of legal fees and support payments, based on the length of marriage, the time it takes to sort through the affairs, the age of your children and so on.

Another, powered by Google play, purports to offer a general estimate of what your child support payments are going to be, though it is careful to say that it’s only an estimate and does not constitute actual legal advice from a professional.

An app in New Jersey allows you to do an inventory of marital assets. Sorting out who gets what can be a difficult and emotional process. It doesn’t hurt to be prepared, and if technology can help you do that, by all means, use it as a guideline and a tool. But again, make sure you consult with your attorney before you make any agreements or formalize any of it.

An app called the Divorce Journal allows you to keep digital notes regarding the divorce. Recording your thoughts and feelings can be therapeutic, allowing you to sort through the emotional turbulence and upheaval that a divorce can cause. Just be sure that those notes remain private and don’t fall into the wrong hands, as you don’t want any surprises showing up in court.

These apps can also be helpful in terms of helping you keep track of upcoming court dates, attorney appointments or any other aspect you want to be able to keep track of. Missing a hearing could be detrimental to your case, so if technology helps you stay on top of it, use it!

Some have also found certain apps helpful in divorces where physical abuse is a factor. One in particular allows you to collect photographic and audio evidence of the alleged abuse, which can be valuable not only in your divorce and child custody proceedings, but also in a criminal proceeding.

And then, once the divorce is final, some have found that communicating digitally for things such as child visitation or custody issues helps to keep the peace. When ex-spouses don’t have to actually speak to one another, sometimes that’s best for everyone.
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In military families, we know that spouses endure just as much as the soldiers.Indiana divorce attorneys also know that the rigors and stress of military life are sometimes simply too much for people to overcome. It inevitably tears them apart.

It’s true that not all Indiana divorces are the same, and when it comes to military families, special considerations must be made.

That was apparent in the recent Alaska Supreme Court ruling of Villars v. Villars. Of course, divorce law varies from state-to-state, but the general principle here remains the same.

In this case, the core issue was that of benefits. It was not a matter of if the military member’s former spouse was entitled to said benefits, but when.

Here’s what we know of the case, as provided in the Supreme Court’s 17-page opinion:

The Villars, Richard and Kathleen, were married in 1984. Eighteen years later, they filed for divorce. Throughout the course of their union, Richard had served in the U.S. Air Force, and then later in the Alaska Air National Guard.

The couple agreed, prior to signing off on the divorce, that each would get half of the marital estate. This included any retirement benefits that Richard may receive, should he receive them. At the time, it was expected that he would begin collection of these benefits when he turned 60 years-old, although this was never expressly stated in the signed paperwork. However, he began collecting them in 2009, at age 48.

When Kathleen learned of this, she took him to court, asserting that she was entitled to half of the benefits, per their divorce agreement. Her ex-husband, on the other hand, stated that she should not receive any portion of the benefits until after he turned 60, as was expected when they signed the paperwork.

The case was heard in the state’s superior court, which ultimately sided with Kathleen, saying that the divorce settlement was unambiguous, and the clear intent was that the ex-wife would begin receiving payments from the retirement benefit as soon as he began collecting them. The court ordered Richard to repay his ex 50 percent of the benefits he had thus far collected.

Mr. Villars appealed to the Alaska Supreme Court, saying that the lower court improperly modified the divorce settlement. However, the justices affirmed the lower court’s determination.

With military service, retirement benefits factor in a point system, which calculates when benefits can be paid out in a reservist system versus an active system. Richard had worked full-time up until the divorce and part-time thereafter. Those in the reservist system would generally still have to wait until age 60 to collect retirement benefits, while someone in the active system could begin collecting after 20 years, no matter how old he or she is. However, once an individual in the reservist system racks up a certain number of points, they are moved to the active system. This is what happened to Richard.

When his ex learned he began collecting, she filed a request to the Defense Finance and Accounting Service to request her portion be paid to her. That request was initially denied due to a technicality. When Richard learned she was trying to collect, he took her to court, saying she shouldn’t be allowed to collect until he turned 60.

Although the lower court indicated that the age factor was not specifically addressed in the initial settlement, it was clear that the intent of both parties at the time the agreement was signed was to split the benefits 50/50. The fact that Richard began receiving them early, the court ruled, should have no bearing on when his ex could begin receiving them.

In general, it’s important to properly claim retirement funds at the time of a divorce. An experienced divorce attorney in Highland, Gary or elsewhere in Northern Indiana can provide you with more detail.
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Your spouse cheated. You’re devastated.

But now what?Indiana divorce attorneys know the choices you’ll have to make in the coming weeks and months won’t be easy. Should you stay and try to work it out or end it with an Indiana divorce?

Likely, there are a lot of considerations you need to sort through, and you shouldn’t rush it. What’s probably going to factor into your decision is how long you’ve been married, whether you have children, what your financial situation is and whether you think you’ll ever be able to trust them or be happy with them again.

While Indiana divorce attorneys can’t make the decision for you, we can help guide you through the process and help you understand all your options.

One thing many people want to know is whether adultery matters in an Indiana divorce. The answer is no – and yes.

The laws vary from state to state. In some states, the issue of adultery is going to matter big time. But in Indiana, divorces are considered “no fault.” What that basically means is that neither party has to show that the other did anything wrong in order to acquire a divorce. The only thing that needs to be said is that the marriage is irretrievably broken.

Under the state law, unless you have some sort of prenuptial agreement, all assets and debts are divided down the middle. It doesn’t matter if it’s in just one spouse’s name or if he or she did the cheating. Mostly, the court is going to look at how much you each contributed toward that property, whether it was something that was given as a gift solely to one spouses and the conduct as it pertains to the waste of your assets (think gambling debts).

The only way adultery might have much of impact on how assets are distributed would be if one person used certain marital assets to support the extra-marital relationship. So for instance, if your husband takes money out of your joint checking account to provide some sort of support to his mistress, the judge may take that into consideration when deciding how to divvy up the property.

When it comes to child custody, the judge may take into consideration the conduct of the cheating spouse and its impact on the children when deciding where the children should stay. Then again, a judge may decide that conduct was a wrong done only to the other spouse – not the children. A lot of discretion is left to the judges. That’s why it’s so important to invest in a skilled Indiana divorce attorney in these cases.

There are some situations where spouses who have cheated have contracted sexual transmitted diseases – which they have then passed on to their faithful spouse. There have been cases where that resulted in a personal injury lawsuit.

What we’ve found is that in a lot of cases (not all), the spouse who has been unfaithful feels guilty. Even if they can’t save the marriage, they want to make amends, which means they may be willing to concede more than they might otherwise. Of course, that’s not an absolute science, but it is something you may be able to work to your advantage.

If you do decide to proceed with a divorce after your spouse has had an affair, you are really going to need someone who can stand by your side an advocate to that judge and who can appeal to him or her for the outcome that is in your best interests.
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Indiana divorce attorneys know that financial stress is one of the top reasons why marriages fail.So we weren’t surprised to learn that those going through a foreclosure are more likely to subsequently endure an Indiana divorce.

A recent Huffington Post blog touched on this very fact. It looked at the state with the highest incidence of foreclosure in the country: Nevada. There, one out of every 177 houses was in foreclosure. What’s also true is that Nevada has the highest divorce rate in the country as well. This is not a coincidence.

Across the country, foreclosures have soared with the collapse of the housing bubble. Indiana is not unaffected. It’s not nearly as bad as some other places, but according to realty track, 1 in every 14,300 houses is in foreclosure here.

So, the question becomes: Are divorces causing more foreclosures or are foreclosures causing more divorces? There is probably truth in both scenarios.

For example, a foreclosure stemming from factors related directly to the recession could be the final straw for an already-crumbling marriage. On the other hand, a foreclosure is an extremely stressful situation, and when finances become unhinged, people see their future and their dreams falling apart before their eyes. Foreclosures can be particularly difficult for men, as their self worth may be tied in large part to their ability to provide for their family – and a home is a very large and tangible part of that.

It’s not a huge leap that the upending of the marriage would soon follow.

And of course, when you are divorcing, you are forced to contend with paying the same amount for expenses on an income that’s been halved.

If you find yourself contemplating a divorce in the midst of a foreclosure, it’s especially important to invest in an experienced Indiana divorce attorney – someone who will be looking to protect all of your assets and interests at a time when it matters the most.

Here are some common mistakes people make when simultaneously going through an Indiana divorce and foreclosure:

1. Not having enough money. Of course, money is tight for many households these days. But if you’re contemplating divorce, having some reserves set aside – whatever amount you can – is going to be critical.

2. Rushing into it. Divorce is a long process, and there is a lot to be considered with regard to your home, your finances, your children and your lifestyle. The best thing you can do is consult with a skilled attorney to find out what all your options are.

3. Not being organized. It is going to be very important throughout the process to have all of your financial records accessible. This means loan applications, financial statements, bank statements, insurance policies, wills, car registrations, and trusts. It’s also important to gather up any proof of separate property (like a gift from your family or inheritance).

4. Don’t overlook any assets. Even if they are things you don’t want, it’s possible that with the help of your attorney, you may be able to negotiate them for something you do want.

5. Not fighting for what is rightfully yours. This is more often the case with women, who tend to want to “make nice” during a divorce. But insisting that you get what you are entitled to is an investment in your financial future and well-being – and that of your children.
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Ok, we admit – there really isn’t a “best” time for an Indiana divorce.Indiana divorce attorneys know that such matters are messy, emotional, complicated and intimidating. They always require an experienced attorney who can help you navigate through the potential minefields and protect your financial interests and custody rights.

So, it’s in that spirit that we wanted to offer some advice on when might be a good idea to act on it when you’ve maybe given it a great deal of thought and things simply aren’t working.

Keep in mind that these situations are the ideal – and not every case is going to be like this. Just because yours isn’t doesn’t mean your stuck. Consulting with a skilled Highland divorce attorney can help you explore all the options specific to your unique circumstances.

In general, though, one of the best scenarios is when you’ve got minimal or no credit card debt. Before you make the final decision about whether to go forward with a divorce, you will probably want to get a good idea of what your financial situation will be. This includes having a detailed accounting of all your individual and joint debts. Indiana is considered an equitable distribution state, which means that the court will decide what is determined to be a fair and just means of splitting up property. But when it comes to debts, both spouses have a responsibility to pay up on debts they acquired together or on your joint accounts. If you don’t, your credit could take a beating.

Secondly, if you own a home together, you may want to consider waiting until housing prices increase. This would help ensure you get the best price for the sale of your home that will cover the remaining mortgage, and possibly give you enough to split. Otherwise, you may want to consider an agreement in which one of you will get the house as part of the divorce settlement. This way, both you and your spouse may be able to preserve your savings accounts, rather than trying to pay up on the difference between the remaining loan and the sale price.

Thirdly, it would be ideal if you both had good credit scores. Your score may be impacted during the course of your Indiana divorce if you miss payments while arrangements are still being made. Depending on which spouse leaves the home, one of you is going to need to rent or buy a new place or possibly a new vehicle. Having a good credit score will make this transition easier.

Fourthly, if possible, you may want to consider divorcing before you will receive an inheritance. In Indiana, if you receive an inheritance prior to your divorce, you may be required to split some of that with your spouse. If, however, you receive your inheritance after the divorce is finalized, it’s more likely that asset will be protected.

And finally, a divorce may be best when your child is in high school. We realize that when children are involved, divorce is never going to be an easy situation. But in looking at the financial implications, one spouse will probably have to pay child support, though it will likely only be for a few years. What’s more, a divorce could actually help your child in terms of financial aid for college. In some cases, colleges will only ask for the income information of the parent who has custody.
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