indiana injury and family lawyer blog

With increasing frequency, older couples are choosing to separate after several decades together. Our Hammond divorce lawyers recognize that in some respects, these cases are simpler, mainly for the fact that young children are not part of the equation. A lack of a custody battle ratchets down the potential for contention.

Of course, such cases do come with their own unique set of challenges. Often, these involve concerns over health insurance policies, retirement and pension accounts and government benefits (namely, Social Security).

Recently, the South Carolina Supreme Court weighed one such case, Crossland v. Crossland, where a wife’s eligibility for Social Security retirement benefits was factored into alimony payments. Although the wife was of an age at which she was entitled to collect, she chose not to do so until she had reached official retirement age. The court essentially held this did not equate to voluntary unemployment or underemployment, and the wife should not be penalized for this decision.
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In some ways, divorce proceedings are much like that of a bankruptcy. Both can involve the litigation of highly personal matters, and both require intense, third-party analysis of your finances.

In both scenarios, once a filing is made, every financial decision you make thereafter – and some you made before – are going to be considered and sifted and potentially used against you.

Highland divorce lawyers know that this is why, if at all possible, you want to discuss the implications of a separation and divorce in advance of the actual filing. Divorce usually results in a hit to the financial stability of all involved. However, with proper planning, that effect can be minimized, and we can work to ensure you aren’t penalized for financial decisions you made that the court later deems improper.
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When exploring the possibility of filing for divorce in Indiana, one primary consideration is the way in which courts divvy up property accrued during the marriage.

The courts have established that the goal is equitable distribution, which some mistake to mean “equal distribution.” This is not so. Hammond divorce attorneys want to stress that “equitable” is usually taken to mean “what’s fair under the circumstances.”

That means the family law judge is going to look at the length of the marriage, your contributions to the marriage, your careers, whether you have children, whether there are any special situations that must be considered. Rarely if ever does it mean a 50-50 split. The truth is that distribution of assets is typically one of the most complex matters before a divorce court. Having an experienced lawyer by your side makes a difference.
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When married, co-entrepreneurs are busy getting their business off the ground, they often don’t consider what might happen if they divorce.

It’s understandably not a pleasant scenario to consider, particularly when things are going well. However, a family-owned business run by married couples can quickly tank if the divorce is handled poorly. It may even result in bankruptcy, particularly if a lack of prenuptial agreements, shareholder agreements or buy-sell agreements results in a protracted legal battle over assets.

Lake County, Indiana divorce attorneys have experience in handling cases that involve co-owners of a business. While we recognize that equitable division of property is important, we also recognize that preserving the company’s future may be beneficial for both parties as well. We’re committed to attaining the best results for our clients.
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There are some situations in which a divorce decree may be needed or desired sooner than all of the property issues can be settled. For these couples, it is possible to seek a bifurcated divorce.

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

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

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

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

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

However, these rules aren’t without exception, and one of those is the transmutation of non-marital property. Those filing for a divorce in Gary should educate themselves on this issue, particularly if they own a small business.
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