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If you are a business owner contemplating divorce, you have additional considerations that wouldn’t come into play for many facing a separation. 

It’s not an uncommon scenario, as many entrepreneurs toil long hours building the company, and the marriage can suffer. It’s typical of younger couples to marry with no prenuptial agreement. What starts as a $50,000 venture can expand to a $10 million enterprise by the time the marriage dissolves – and by that time, the spouse has a stake in the business growth.

Of course, every scenario is different, but preservation of the business is a top priority for many owners.  Continue reading

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Termination of a parent-child relationship in Indiana is done through judicial proceeding that will forever end the legal, social and financial relationship and responsibilities between a parent and child. It means that all power, privilege, immunity, duty and obligation to that child by the parent is totally gone.

Parents can choose to voluntarily terminate their parent-child relationship, but only when the action is initiated by the Department of Child Services or an adoption agency. Cases if involuntary termination are initiated by DCS.  Continue reading

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The New Year brings with it the potential for change. Many who have been suffering in marriages that are miserable, loveless or simply unfulfilling seize the opportunity to write a new chapter.

That’s why January has a reputation for being “divorce month.”

But as heartbreaking – or freeing – as the process may be, one of the first things we recommend to those on both sides of the aisle: Companionship.

Not with each other, of course, but with an experienced divorce attorney. You’re going to need a legal, tax and investment professional to help guide you through this change so you don’t end up on shaky financial ground. The goal is to keep things as amicable as possible and as equitable as possible. In cases where relations are contentious or strained, it’s especially important to have a third-party to help mediate the conversation and goals. Continue reading

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A few years back, I wrote a blog article entitled Negligent Party Hosts in Indiana May Face Liability. The article provided some general rules and suggestions concerning possible liability issues for people who have parties during the holiday season.

A recent Indiana decision, F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers, 02A05-1506-CT 520 increases the potential for liability and the responsibilities for a party host.

In that case, the land possessors, defendants Martin and Brothers shared a residence.  They threw a party and alcohol was purchased using funds from a joint bank account.  Jerry Lee Chambers was a guest at the party.

Continue reading

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Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances.

Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser earning spouse is disabled or unable to return to work for other reasons.

Whether spousal maintenance is permanent or temporary, parties may request modification or even termination when there is a material change in circumstance, such as remarriage. However, the 1994 Indiana Court of Appeals case of Roberts v. Roberts was clear in establishing the fact that spousal maintenance is not automatically terminated upon remarriage. There still needs to be proof presented by the moving party that the marriage means a significant change in the former spouse’s ability to support himself or herself.

This issue was weighed against recently by the Indiana Supreme Court in Gertiser v. Gertiser. Continue reading

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A new study published last month in the American Journal on Intellectual and Developmental Disabilities revealed that while parents of children with developmental disabilities weren’t more likely to divorce than other parents, their reasons for separating often differed.

Researchers analyzed a longitudinal study of more than 10,000 people – and some of their siblings – beginning in 1957. From this group, study authors identified 190 parents of biological children with developmental disabilities, as compared to 7,250 parents of children without disabilities. What they discovered was that the rate of divorce was about the same for both groups – 1 in 5. However, for parents of children with no developmental issues, risks of divorce were lowest with just one child, and increased with each subsequent child. This was not true though for parents of children with disabilities.

What this suggests is that other children may provide an important support and coping system in caring for a developmentally disabled child, researchers say. Continue reading

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The business of dividing property, deciding child custody and support payments and parsing out details of a decades-old prenuptial agreement can be messy. When two people have built a life together, it can be difficult trying to untangle all the strings as fairly and painlessly as possible.

The case of Carmer v. Carmer, recently before the Indiana Court of Appeals, is one such example. This was a case in which a couple married for more than 20 years was separating after purchasing two homes together, having three children and in the midst of preparing to adopt two more. There was a premarital agreement on the table, but there was dispute about how it should be interpreted. There was also contention as to whether husband’s monthly annuities – received as compensation stemming from a personal injury lawsuit – should be factored into the child support schedule.

Just as every marriage is different, so too is every divorce and every divorce agreement. It’s imperative throughout the process to have an experienced divorce attorney advocating on your behalf and for the best interests of your children. Continue reading

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Indiana law requires an equitable division of property in a divorce. However, “equitable” does not mean “equal,” and it can be difficult for courts to divide property when separate and marital property is commingled.

Marital property is that which is acquired during marriage, while separate property is what a spouse owns prior to marriage or acquires by gift or inheritance during the marriage. Even so, a judge has the discretion to divide the couple’s property in any way that seems fair, regardless of when it was acquired or who actually owns it. Commingling happens when separate and marital property is mixed.

Factors that may be considered when dividing a couple’s property unequally would be:

  • Economic situation of each spouse;
  • Each spouse’s current earnings or earning potential;
  • Conduct that resulted in dissipation or loss of property;
  • Each spouse’s contributions to property acquisition or income.

Continue reading

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When family courts are weighing how much a parent should pay in child support, they doesn’t simply look at each party’s pay stubs. Typically, the courts conduct a detailed analysis that includes consideration of:

  • Salaries and wages
  • Income from overtime and second jobs
  • Investment and interest income
  • Pension income
  • Trust or estate income
  • Annuities
  • Capital gains
  • Social Security benefits
  • Veterans’ benefits
  • Military personnel fringe benefits
  • National Reserve and drill pay
  • Workers’ compensation
  • Unemployment
  • Disability insurance benefits
  • Prizes and gifts (including gambling and lottery winnings)
  • Income of a new spouse
  • Alimony received from another
  • Real estate income

Continue reading

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Per the 2002 Indiana Supreme Court case of In re Guardianship of B.H., family courts in this state operate with the strong presumption that a child’s interests are best served by being placed with his or her natural parent. When third parties seek to intervene in custody proceedings to acquire custody, it is the third party that bears the burden of proof in the case.

This is true even when natural parents initiate an action to re-obtain custody of a child. In those situations, the burden of proof doesn’t automatically shift back to the parent. Instead, it’s always on the third party. Parents and third parties aren’t, as the courts have held, on a “level playing field” when it comes to custody. Parents will always have the upper hand.

However, this does not mean parents don’t lose these cases. In fact, it happens all the time and it’s often the result of being unprepared for hearings and trials – including failing to adhere to court recommendations and guidelines from previous hearings. Continue reading

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