Articles Posted in Indiana Divorce

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Our Lake County divorce attorneys are seeing an increasing phenomenon of older individuals who are seeking an Indiana divorce.While enduring a divorce at any phase in your life is going to be generally unpleasant, there are pros and cons when it happens in your golden years. While most people who divorce in their 50s and 60s don’t typically have to wrangle with the issue of child custody and child support, there are often still going to be issues with property distribution and discussions about alimony.

What is perhaps most concerning for an older couple enduring a divorce is what it’s going to mean for your retirement. You may have gone years planning for time of travel and relaxation with your spouse, only to find yourself divorcing and completely unprepared.

Sadly, it’s not just Indiana where this is happening. In fact, recent figures released by the U.S. Census Bureau indicate that in the last two decades, the divorce rate among individuals aged 48 to 66 has soared more than 50 percent. We’re going to continue to see these numbers rise as Baby Boomers get older.

As any financial planner will tell you, divorce can impact your retirement account, your pension access and Social Security. However, you shouldn’t let this discourage you from seeking a fresh start. Divorce in older age can seem daunting. However, with the help of an experienced Lake County family law attorney, the details are not impossible to work out. There is no reason you should suffer through what could be decades of an unhappy relationship when you have the right to peacefully enjoy the rest of your days.

Here are some basic steps you can consider taking to protect yourself in the event of an Indiana divorce:

Set up your own credit line and close any joint accounts. Once a divorce is final, you won’t be able to rely on your spouse anymore, so it will be very important to develop your own credit history. If you don’t have one, this is one of the first steps you should take. This is going to be the means through which you’ll be able to buy or rent a new residence or get a loan.

Know the details of the debt you share with your spouse. Check your credit report. Even if your spouse was the one who ran up the high debts, you could still be held at least partially responsible, so it’s a good idea to at least know where you stand. There are ways that a good attorney can help negotiate for you so you aren’t stuck paying for frivolous expenses that your spouse racked up, or ensure that your spouse will be responsible for debt you accrued while paying bills or caring for your children.

Reconsider before using your retirement funds to pay for divorce expenses. Investing in a good attorney is important, but you may want to consider other ways to do that instead of taking it out of your retirement fund. You aren’t likely to get that money back, and if you take it out in a lump sum, you’ll likely have to pay heavy penalties and taxes on it.

Get all of your retirement and financial documents together before you meet with an attorney. This means your tax returns, bank account statements, investment documents, IRA’s – everything. This will help your Indiana divorce attorney determine where you stand, and help us figure out your best options.
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The state’s court of appeals recently issued a ruling on an Indiana child custody and support case.As our Highland divorce attorneys understand it, the case of Miller v. Carpenter involved a couple with two children – an 8-year-old son and a 10-year-old daughter – whose divorce was finalized in 2008.

According to court records, the two reached a child custody settlement in which the mother would have sole legal custody and primary physical custody of the kids. The father would then get them every other weekend and then one overnight visit mid-week. For special occasions and holidays, the pair agreed to work it out according to the Indiana Parenting Time Guidelines, which lay out a very specific schedule for everything from Mother’s and Father’s Day to Christmas to the child’s birthdays.

Further, the parents agreed that the father would receive child support credits for 98 days, rather than the approximately 130 days he actually had them (meaning he was technically paying more than he had to).

Then in mid-June, the mother filed a notice that she planned to move. While the father didn’t oppose this relocation, he did request that the custody arrangement be modified. He wanted joint custody that would allow him to spend Sunday evenings with his kids, as well as the ability to pay less in child support. This would be based not only on the increased time he was spending with the children, but also on the fact that the mother had remarried, and therefore her financial situation had changed from the time of the first order.

The father argued that he felt out of the loop in parental decisions. The mother argued that the child support shouldn’t be lowered because the father worked full time, yet wasn’t even paying rent to his parents, with whom he lived.

Ultimately, the trial court ruled in the father’s favor. Citing Indiana Code Section 31-17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the children to award joint legal custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $250 a week to $150 a week, based on the increased amount of time he was spending with the children and the fact that the mother’s pay had increased and the cost of child care had gone down.

The mother appealed this decision, arguing that the lower court had abused its discretion by modifying the legal custody order, which as a result changed the physical custody order, and challenging whether the court abused its discretion by reducing the father’s support payments. The mother said the fact that she had moved wasn’t reason enough to make any of the modifications that were made.

The appellate judges in turn decided that the lower court did in fact err on the issue of joint custody because not enough had changed to warrant a full modification. They did, however, maintain the lower court’s ruling on the amount of time the father could spend with his children because more time with him was in their best interest. Further, they said the modifications to the child support payments were warranted because:

1. The father had been initially paying about 20 percent more than he was obligated to in the first place;
2. More than a year had gone by since the original order.

While this case doesn’t establish anything extraordinarily groundbreaking, what it illustrates is that Indiana child custody and Indiana child support issues are constantly evolving. People get hired and laid off and promoted. People move. People remarry. People change. And any of these circumstances can warrant another look at the original order.
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A man embroiled in a Shelbyville, Indiana divorce had hit the jackpot – literally – or so it seemed at first.Our Highalnd divorce lawyers understand that as it turned out, the winner was actually an older woman in her 70s. But the case brings up a number of good points for those going through a divorce – even if you aren’t lucky enough to win the lottery.

According to the Indy Star, the situation at first seemed almost like a made for television drama. At stake was a $35 million state lottery jackpot.

The estranged wife of the Hoosier Lotto jackpot took to the local airwaves recently, saying she wanted to make sure she got a share of the winnings. She even met with an Indiana divorce attorney, who filed a motion to stop the husband from spending any money at all until all financial matters can be resolved.

Apparently, the relationship between the two had been strained for some time. They had married in 2008, but were planning a divorce. However, the two still lived together, dated on and off and have two children together. The husband, however, had been reticent to actually follow through with filing a divorce.

Speaking to a local television station recently, the wife told a reporter that her husband called her up out of the blue and asked if the divorce could be made final. Because the sudden turn of events didn’t seem to make sense to the wife, she asked if he had won the lottery or something. She said he avoided the question at first, but then later conceded, he had, in fact, won. She says he tried to conceal those winnings from her and quietly get a divorce so that she wouldn’t be entitled to any of it.

The truth of the matter, however, is that he was not the winner – although several local television news stations had aired information indicating that he was. Apparently, several reporters forgot to check their facts.

However, the wife is still not 100 percent convinced. Her lawyer has filed a temporary restraining order on the husband’s expenditures as a matter of precaution.

“If he doesn’t have any winnings, obviously it doesn’t have any effect,” the wife’s lawyer was quoted as saying.

At issue here is whether the wife would be entitled to those earnings, even if the two were separated. Under Indiana Code Title 31, the wife would have been entitled to half of those winnings, as they would have been obtained during the course of the marriage – regardless of whether the two were personally estranged.

Generally, division of property and assets in an Indiana divorce is going to be split down the middle, 50-50. There are a few situations in which that could be argued that such a division could be disputed:

  • If the property or income was acquired prior to the marriage or through an inheritance or gift;
  • If one spouse contributed significantly more to the acquisition than another;
  • If there are children involved and one spouse is seeking to stay in the marital house with the children;

In reality, however, property valuations and other considerations give your attorney much room with which to work. And failure to protect yourself could result in an inequitable property settlement.

Additionally, attempting to hide any of these assets can result in legal repercussions. One way to avoid this is to have a prenuptial agreement prior to marriage, so that these type of issues are sorted out before there is any animosity between the two parties.

What this case also proves is that dragging your feet on a divorce is not always in your best financial interests.

If you are contemplating a divorce, make an appointment with an experienced Highland family law attorney to discuss your options.
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Many people may equate a contested divorce in Indiana, with bitter arguments swirling around issues of child custody, alimony, property division and so forth.A new trend, however, is being observed by child custody attorneys in Indiana and across the country: pet custody.

There are a number of theories behind this. Many people are having children much later in life than earlier generations. While these couples are waiting for the perfect time to enter into the lifelong commitment that is parenthood, they are less choosy about buying a pet together. These animals become members of the family, with both parties deeply invested. When the couple splits, the custody fight can be nearly as contentious as if it were a child.

Another reason for the growth of this type of disagreement stems from the increase in same-sex marriages. While Indiana does not allow this type of union, among states that do, this is an issue that is skyrocketing in prevalence.

The Associated Press reports that in a recent survey from the American Academy of Matrimonial Lawyers (AAML), more than a fourth said that cases involving pet custody have increased a great deal since 2001.

Often if there is a child involved, a judge will place the pet in the primary home of the child.

The question more frequently being raised, however, is: What if the animal is the child?

In all 50 states, animals are considered property. That means that judges and mediators have been working to divide them up just as they would the furniture or the beach house.

However, it seems that is changing. Ken Altshuler, president of the AAML, said judges are beginning to change the way they see the issue. They are starting to recognize the strong emotional attachments that people have to their pets, and therefore, it’s being given a greater consideration under the law.

It may have been years ago that people were somewhat ashamed to battle for custody of a pet. Society may have viewed the animal as not much more than a life accessory. That’s not the case anymore.

There have even been cases in which people split custody of the animals, with visitation schedules and all – much like they would in any Indiana child custody case. Usually, though, that is something that has to be worked out by the parties themselves.

Steven May, a pet consultant, even wrote a book about the issue, which he and his ex-wife wrestled with following their divorce more than five years ago after more than 15 years of marriage. They have since worked out an arrangement in which they share custody not only of their daughter, but of their pets.

It may seem strange to some, but any pet lover will tell you that a divorce is even more traumatic when you are facing the prospect of losing every aspect of the life you had – including your beloved pets. An Indiana divorce attorney can help you explore all your options, and figure out the best – and hopefully most amicable – solution for you.
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In an interesting case that highlights a frequent issue in an Indiana divorce, the supreme court in South Carolina has ruled that divorced parents may have to pay for their children’s college.Indiana child custody attorneys understand that going through a divorce is trying, and often made even more difficult when one parent attempts to shirk responsibility for their children by putting the other parent in the position of having to cover major expenses – from dental work to education. This is where having an experienced attorney can be a tremendous advantage. Sorting through all of these details long before a child reaches college age will put everyone on the same page and save you from future headaches, heartaches – and a precariously low bank balance.

The Associated Press reports the South Carolina Supreme Court has decided that divorced parents who pay child support could also be made to pay for their children to obtain a higher education. Justice voted 3-2 in favor of the decision. The justices decided that because education is so vital to a child’s success, the state holds an interest in ensuring the child is not at a disadvantage.

This case had been entangled in the system for the last five years.

According to media reports, the plaintiff is a single mother who runs a day care, making about $40,000 annually. Her ex-husband, whom she divorced in 1993, had made about $30,000 when they separated. But his income soon shot up to about $250,000 annually. Still, the father’s child support payments for his two children stayed less than $200 weekly.

When the couple’s oldest son expressed a desire to go to college, the father said he would repay his son’s student loans and help with other expenses. The father also said he decided he would halve his child support payments.

But the mother said her ex didn’t hold up his end of the agreement. So she sued him. Originally, the court decided in his favor, saying that parents can’t be forced to pay for higher education. That court also officially reduced the amount of child support he would be made to pay and wouldn’t make him pay for his ex-wife’s attorney.

Then the state Supreme Court changed all that. It reversed the original ruling – and all related prior rulings.

One justice was quoted as saying that although the decision of whether to send a child to college is a personal one, it is not one that should be denied to a child just because his or her parents are divorced. While the court did say that not every parent who pays child support should have to also cover college expenses, some justices were annoyed that the father in this case gave no real explanation as to why he was suddenly going back on his word and refusing to pay. Another justice said that when marriages go sour, a divorce could cloud a parent’s filial or maternal sense of obligation. Children shouldn’t suffer for that, she said.

In this case, the son eventually did graduate from college without his father’s help, and is now a fingerprint analyst for the FBI. His mother was quoted as saying that it’s important for judges to at least take into consideration whether a parent is able to pay.

This victory, while only valid in South Carolina, could foreshadow the push for a similar case to be brought forth in Indiana.
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Social media has become one of the biggest movements in our world in the last decade. People are able to connect worldwide over social networking web sites. Text messaging has been used as one of the easiest and quickest ways to spread a message.

All of these tools have become important in many people’s lives. They use them all the time to communicate and for some, they have become second nature. But while Indiana divorce attorneys understand their value in society, they also recognize the danger they could pose in an Indiana divorce.A recent story by Reuters suggests that text message evidence could be used against a spouse in a divorce case, which is just another way that the court system is adapting to the new use of technology.

As smartphone technology continues to develop, allowing for instant messaging and fast-moving texting, attorneys say they are seeing an increase in the number of cases where iPhones and other smartphones are cited in evidence of a divorce case. This is according to an association of divorce lawyers.

This follows a previous study from a few years ago, when the group of lawyers noted that there had been an increase in Facebook references in divorce cases as well. As social media and text messaging have become more and more prevalent, it makes sense that lawyers have attempted to use this as evidence to get an edge in court.

While e-mails usually allow a user to re-think what may look like a rant in hindsight, a text message is more immediate. People may be more likely to send exactly what they’re thinking or doing via text, whereas an e-mail provides the opportunity to clarify one’s thoughts.

Text messaging is the most popular form of evidence that comes from smartphones, following by emails, phone numbers, call histories, GPS and Internet search histories. Not every text message can be printed as easily as an e-mail, but there are ways to do it. Some divorce attorneys think that’s why people may be more willing to send a nasty text.

But if a person keeps their text message history for a long time, even if one person deletes the message doesn’t mean the other person has as well. Facebook is also a dangerous place to vent because many people can see it and possibly print a screen grab of the page.

These are all warnings for people who are considering divorce in Indiana. It is never going to be beneficial for a person in a divorce proceeding to go on a rant, vent against their spouses or otherwise use these communication tools to contact a person they are divorcing.

This can quickly go from a one-time rant to a long-term headache if the evidence is preserved and used against them at trial. No one is immune to these traps if they are constantly using these forms of technology. The warning is clear — be careful what you tweet, text or post. It could come back to haunt you.
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Many everyday citizens think of celebrity and Hollywood divorces as very complex and probably more contested than a normal Indiana divorce.

But that’s not necessarily the case. While most divorcees aren’t trying to determine who will get the Beverly Hills mansion, who will get the $250,000 sports car and the driver service, many of the factors are still the same. No matter who is involved, emotions can run just as strong.Indiana divorce attorneys are trained to look into every aspect of a divorce case, from the finances, to possible after-divorce payments, to child custody and asset and debt division. This is a complex process, regardless of the income level of the spouses. Money also has nothing to do with how stressful and emotionally draining this process can be.

A lawyer is an important part of the process because spouses who are getting divorced often don’t want to have the added stress of not trusting who is representing them. Not that they should have a hands-off approach, but they must trust that the person they have hired is going to work for their best interests.

Two high-profile divorce cases show that every couple can have its problems and require legal representation in a divorce. Los Angeles Lakers star Kobe Bryant and his wife Vanessa are in the middle of a divorce.

Records show that Vanessa Bryant is slated to receive about $18.8 million in property from her husband. It’s unclear, though, if a prenuptial agreement was in place. The Los Angeles Times is reporting there was not. Vanessa Bryant filed for divorce several months ago, citing “irreconcilable differences” in their marriage.

The newspaper is reporting that millions of dollars in property has already been transferred from Kobe Bryant trusts to his wife.

In another high-profile case, model Heidi Klum and singer Seal are reportedly splitting as well. The New York Daily News is reporting that although the couple announced a breakup but continued wearing their wedding bands, the split is indeed going to happen.

Several news reports stated that Seal was seen in an airport without his wedding band recently and Klum spent Valentine’s Day alone at a private Los Angeles club. The couple was married for seven years and have four children together. The children are ages 7, 6, 5 and 2.

The couple has decided to not have contact with each other despite saying publicly after the divorce that they still loved each other and would always be tied together.

This is a common hurdle that couples must face when divorcing, especially when they have children. These emotions can tug on divorcees and make the proceedings much more difficult.

An experienced Indiana divorce lawyer can limit the amount of stress by being organized, knowing the law, having years of experience and being prepared to handle all financial questions that a client may have. Being ready to do what’s in the best interests of the children and the spouse should be the top priorities, and clients should notice the attorney’s work quickly in the process.
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When some people think about getting divorced, they think about the split in general terms — how they are going to be able to afford renting an apartment and paying monthly bills?

But often, soon-to-be divorcees don’t consider the financial implications beyond those basic terms. A recent article on Nasdaq.com looks at how divorcees can expect to build their credit after a divorce. When people are tied together financially, they may not realize how some joint decisions have affected their standing with creditors.This is especially true today, as many Americans have seen their credit scores fall significantly as they deal with foreclosures and short sales after their houses have depreciated in value. If a couple has lost their house to an Indiana foreclosure, it’s possible that their Indiana divorce is going to feel the effects.

The job of an Indiana divorce lawyer is to do what is in the best interests of the client under the laws of the state. Division of assets and child custody or child support issues are going to be big in the eyes of the divorcees.

But a lawyer should also be thinking about the things not considered by the client. That often includes tax implications of getting divorced, how their debts will be paid off and who will be responsible for certain costs incurred by both parties.

The article offers some tips for divorcees about how to improve their credit scores after they complete a divorce. A joint credit score may get them by in life, but once they split, they can be exposed for having poor credit and that can leave them helpless if they don’t have a good credit score and can’t obtain loans.

Pull the credit score: The first step is to see where the divorcee stands. Scouting the files for late payments or collection accounts can help point out red flag issues that will hurt the person’s chances of getting credit in your own name.

About 70 percent of Americans don’t do an annual credit check, which they can do for free under federal law. This often leads to people bringing financial baggage into a marriage and they can leave the marriage with that same baggage when they try to go out on their own.

Fix any credit report mistakes: This is critical because if there is inaccurate information, it can make moving forward that much more difficult. Creditors and banks can misreport data and only you can correct it. Even if a divorce agreement states who should pay off which joint debts, if they don’t, it can hit your credit score.

Nix the joint credit obligations: A divorce is about splitting and cutting off financial ties. The last thing you want to do is hold any joint accounts anymore. As mentioned above, the other spouse could continue using a credit card account in both people’s names and if they make late payments, it can affect your score, too.

Open a secured credit card: Secured credit cards can help people with poor scores build their credit. Secured cards require people to deposit an amount into the account, which creates your spending limit. This gives the creditors some assurances that you will pay.

Pay all your debts on time: The last thing you want to do is start getting behind on payments right out of the gate. Thirty five percent of your FICO score is based on your payment track record. So, missing payments can sink you in a hurry. Pay on time and you can start to get your credit fixed.
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Sadly, January has become a busy month for many Indiana divorce lawyers because for some reason, the first month of the new year tends to bring out the reality that the holiday season masked.

Fox News recently reported that nearly 24,000 divorces are granted each year in Arizona and many of them are initiated in the first month of the year.Divorce in Indiana can be painful during any month of the year. As humans, we are emotional and separating from a person can be a difficult experience. This sometimes is enhanced when the split comes right after the holidays.

Yet, sometimes this is done by design. Many couples know that their marriage is rocky and they are unlikely to continue it, despite their best efforts. If counseling and other tactics don’t work, it’s possible that they will try to make the holidays as “normal” as possible for the benefit of their children or family members before announcing their decision. This helps to keep the routine somewhat intact and keeps people from associating bad feelings with family gatherings in December.

Some lawyers surveyed for the article said they tend to receive twice as many divorce cases in January than in any other month. In most cases, the couples are planning the split for months in advance.

One man interviewed said he was heading to the courthouse to get divorced that afternoon. He said the divorce was in the works for a while, but finances prevented him from filing sooner. He said that people have to finish their taxes and realize what type of refund they may get before filing a divorce.

Finances, especially in recent years, have played a big role in when and whether people can get divorced. Many couples have decided to stay together more out of necessity than love. Splitting bills and daily costs is a lot easier than trying to do it alone.

Also, for those who have lost their jobs and may be having trouble paying bills, the hit to a person’s credit score can lead to difficulty qualifying to rent an apartment or house. That’s another reason people tend to stay together longer.

If a couple owns a house together, it is now seen more as a liability than an asset. For couples who are about to get divorced, this can also factor into why they are waiting. If housing prices are rebounding sooner than expected in their neighborhood, that may be a reason why they are now considering a divorce.

Whatever the reason and whatever the season, an Indiana divorce can be tough. But it doesn’t have to be. An experienced Indiana divorce lawyer can take a lot of the stress and pressure off the client by simply doing his or her job. Avoiding contentious litigation or lengthy meetings where couples bicker and fight is only going to make matters worse. Strongly communicating the situation and working for an amicable resolution without massive interference from the court is always the best bet for each side.
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It has been said many times that divorce takes an emotional toll. Very few divorcees are happy about the process.

It hits people’s egos, they reflect on times when they were happier and things seemed better and they think about how different life will be moving forward. Many people consider themselves to be failures.Our Indiana divorce lawyers strive to ensure that your experience isn’t as painful and frustrating as it could be. No divorce is going to be painless because it is a tough experience. But the amount of frustration and sadness can be limited.

For those considering an Indiana divorce, there are steps that can be taken to minimize how brutal the divorce process is. That depends on the couple.

Contested divorces — situations that require litigation from both sides and possibly a trial — tend to be the most high-stress situations. When spouses are at each other’s throats and are jockeying for position on every asset they have, the process can be difficult to bear. When communication is better and there is a realization that a divorce may work out for the better, a collaborative divorce may be in the works.

Whatever the situation, our law firm is dedicated to helping our clients. Our Indiana divorce lawyers recognize that there are implications of divorce beyond who gets the house and who gets the family dog. We are prepared to help you prepare for the future.

A recent Huffington Post article looked at ways to maintain sanity during the divorce process. Remaining grounded at a time when there are so many emotions swirling can be tough, but there are some tips:

For the one initiating the divorce:

  • Recognize that you are further along emotionally: The person who has filed for divorce usually has spent a lot of time thinking about it. It’s possible their spouse has considered times are rocky, but may not have thought divorce is a good idea. Give them time to process this.
  • Rejection is always negative: While married, the spouses may have discussed how things weren’t working well, but spouses usually believe things can be worked out. The initial announcement usually will be taken with shock.
  • Consider what life will look like: Thinking that life will be the same minus your spouse is naive. Property will be divided, children’s needs will be split and you will have to deal with the loss of friends, explaining to family members and other tasks.
  • Prepare for conflicting emotions: This is a huge transitional period and you will likely have feelings of loss.
  • Allow children at least a year of adjustment: You don’t know how they’ll react and introducing a new partner too quickly can be painful for the children.

For the non-initiator:

  • Your spouse has had time to react: You may wonder how they’re better off that you are. Time will heal the wounds.
  • Men and women divorce differently: Many men are bottom-line focused and less emotionally attached than women. While women look at the settlement as an indication of worth, men look at the dollars and cents.
  • Focus on yourself and try not to think about your spouse: Don’t compare who is happier, or who the spouse may be dating. Focus on your children, how to help get you through this time and gain independence.
  • Remember your children need you: Even if you’re in a bad spot, they need a parent to be there for them. Tell them the future will be better.
  • Avoid saying bad things about your ex: Children can have long-lasting bad feelings about one parent if the other speaks ill of them.

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