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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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Child custody cases in Indiana can be contentious no matter what the make-up of the family.However, Indiana child custody attorneys realize that there are unique challenges for families headed by a same-sex couple.

Indiana is not among those states that has approved same-sex marriage, and it is not allowed under federal law according to the Defense of Marriage Act, also known as DOMA. However, a federal appeals ruling last week in Massachusetts (Commonwealth of Massachusetts v. United States Department of Health and Human Services, et. al.) has struck down a key portion of DOMA, saying that for the federal government to deny legally married, same-sex couples health benefits is unconstitutional.

Now, this doesn’t directly affect Indiana – yet. That’s because gay marriage is not legal here anyway. But this ruling could have sweeping implications when the case reaches the U.S. Supreme Court, which is likely to happen, although it’s not clear exactly when.

In the meantime, same-sex couples in Indiana still struggle with how to legally sort through issues of domestic partnerships, child custody and other matters. While some straight couples choose prenuptial agreements prior to marriage, the fact that same-sex couples don’t have the option of getting married in Indiana means they need to seek out a family law attorney who can help ensure their interests are protected – particularly with regard to the children.

Otherwise, what ends up happening is that if the union ends, the one biological parent may get sole legal custody of the child, while the other parent may have no legal rights.

In states where gay couples are allowed to marry, the costs for just about everything family-law related is higher. Consider divorce, for example. Let’s say a legally married gay couple splits. The family court judge orders one spouse to pay spousal support. However, because the union was never recognized by the federal government, that support can not be deducted from federal taxes, as it could be if the two people were of the opposite sex. That could end up costing thousands more dollars in the long run.

Also, same sex couples end up requiring more estate planning. Take for example a same-sex couple who had been married in California, but then moved to Fort Wayne to look after a parent. The pair were able to purchase their home outright, but the state comes down hard on so-called unrelated heirs. This wouldn’t be an issue if the couple were straight, but because Indiana doesn’t recognize the marriage as legal, the pair have had to purchase expensive life insurance to cover the taxes on the house, so that when one passes away, the other will be able to keep the home.

That law in Indiana is thankfully being phased out, but according to federal law, many same-sex couples are still penalized with heavy taxes when they inherit property from their spouse.

End-of-life decisions are also a challenge, as certain states do not recognize a same-sex husband or wife’s right to make decisions for their incapacitated spouse – a right automatically granted to straight married couples. The only way to spell it out is to establish healthcare and financial proxies, wills and powers of attorney.
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Indiana divorce attorneys know that the whole process of separation and divorce is emotionally draining. Some days, it can seem a lot easier to just to check out – and not show up to court.Pennington v. Pennington illustrates why this is not a good idea in an Highland divorce case.

This was a situation out of Georgia – and divorce laws vary a great deal from state to state – but the basic principles of this case are still relevant.

The couple were divorced pursuant to a final judgment, which was granted after the wife failed to show up to court for a final hearing regarding child custody. The wife appealed the custody order that was ultimately handed down, but the higher court upheld the original decision, finding no error.

In this case, the couple had been married for 13 years. After that time, the wife filed for divorce, saying that the union was irretrievably broken. The husband also filed for a divorce.

A status conference on the case was held in November of 2010, in which the court indicated it would hold a jury trial sometime the following month. It also underscored to both sides that the Friday prior to the Monday of jury selection for the trial, there would be a final hearing to determine child custody. This is standard practice in Georgia. The day after that status conference, notice was mailed to both sides that the jury trial would be held on December 13. There was also a notice sent to both parties that the final child custody hearing would be held December 10.

On December 9, the husband and wife met outside of court to discuss the custody agreement. However, the wife reportedly refused to sign it.

The following morning – the day of the hearing – the husband reportedly discovered a note on his car windshield that was apparently signed by the wife that said something to the effect that she wanted to agree to the settlement.

However, she chose not to go to court that morning. She didn’t call the court to tell them she wouldn’t be there. And the court couldn’t accept the handwritten note as proof that she had signed off on the agreed settlement.

Without her in the courtroom that day, the judge said he had no choice to but to disregard her pleadings from the docket, which meant he then entered a judgment in favor of the husband, awarding him sole custody of the children.

Now, this would be a crushing blow to anyone. But it didn’t have to happen.

The wife tried to argue subsequently that the court was trying to punish her for not showing up by taking her children and her property. While this may certainly seem like a harsh move, it was not outside the bounds of the law, as the appellate court later decided.

Specifically, the wife was in a vulnerable place and failed to cooperate with the system. Having a qualified divorce attorney at every step of the proceeding is critical to ensuring your interests – and those of your children – are protected.

It is also equally important to make sure that you show up for every court date which you are compelled to attend.
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Even though it’s been about a year since teens in our state were banned from texting behind the wheel, about half of all teenage Hoosiers admit to still doing it. With these young drivers out of school, they’ll be hitting the road for what’s become known as the 100 Deadliest Days for car accidents in Highland and elsewhere.

The time between Memorial Day and Labor Day is the deadliest of the year for young drivers, according to INC NOW.For this reason, AT&T members are hitting the road and reaching out to teens across the country through the “It Can Wait” campaign. This is a campaign to get teens to stop texting behind the wheel. Statistics prove that teens between the ages of 13- and 18-years-old send about 60 text messages a day. Indiana Attorney General Greg Zoeller joined other leaders around the state, AT&T representatives and students at New Tech Academy recently to raise awareness about the importance of keeping their eyes and their mind on the road while keeping electronic devices out of the driver’s seat.

Highland car accident lawyers understand that it’s not only about the safety of these young drivers, it’s also about the responsible motorists that share the road with them. When a driver is distracted, everyone is at risk. To help to educate our state’s teens about these dangers, students were offered a try in a new simulator to see just how good their skills were behind the wheel when engaging in distractions. The simulator showed all of the teens that they were at some serious risks for an accident when they were texting behind the wheel.

“It was hard to see what else was going on. People would just walk out and there were deer and dogs and kids,” said Haleigh Hunly, a student at New Tech Academy.

When it all boils down, a driver who is texting behind the wheel is close to 25 times more likely to get into an accident. There’s no getting around it, texting while driving requires your eyes to come off of the roadway. For text messages, drivers take their eyes of the road for about 4.5 seconds. If you’re driving at 55 miles per hour and text message, then you could drive the length of a football field during that time and never see what’s going on around you.

In the state, drivers who are busted text messaging while driving face a fine of $25. For the second offense and so on and so forth, drivers face a $50 fine. Drivers who are 18-years-old and younger are not only prohibited from talking on a cell phone behind the wheel, but they’re also prohibited from texting, too.

Parents are asked to reinforce our state’s laws and ask their teens to be responsible behind the wheel and to keep the distractions out of the driver’s seat. Working to raise awareness about the risks and consequences of distracted driving can help to improve roadway safety for everyone.
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Indiana child custody attorneys wonder if sometimes, we give less say to children than they deserve.Of course, we know that child custody proceedings don’t always have to be acrimonious – and in fact, we do handle all of our cases with the recognition that these are children’s lives we’re talking about. And children, as we know, don’t always recognize what is best for them.

For example, one parent may spoil with lavish gifts and trips, but is not actually fit to care for the child on a 24-7 basis. That can be extremely frustrating for the other parent involved, especially when the child begins to express favor toward the mostly-absentee parent.

However, a recent column written by family therapist Ruth Bettelheim indicates that perhaps we should be ceding some of the say to our youngsters in these cases on a more regular basis.

The issue she really gets at is maybe not so much when child custody arrangements in Indiana are first made. Most parents, even in bitter custody battles, do deep down want what is best for the child – the question is determining what the “best” looks like.

The issue, Bettelheim says, is more when that custody agreement stays stagnant. Essentially what works for a 3-year-old isn’t going to necessarily work for a 12-year-old or a 15-year-old.

But because it may be painful for us as adults to visit, we leave it alone, despite the fact that the current situation may not actually be what the child wants or what is best.

For example, let’s say you’re a 14-year-old whose parents divorced when you were 6. When it first happened, you may have been fine to shuttle to your dad’s house two hours away on the weekends. But now that you are wanting to spend more time with your friends, it seems unfair that you spend weekends two hours away. You may be loath to bring it up with your parents, though, for fear of drudging up past hurts.

Plus, kids have an innate desire to please their parents. They don’t want to disappoint them, so they will suppress expressing what it is they actually want so that they won’t have to feel guilty for “choosing” one parent over the other.

Sometimes, it’s not even so much that one parent may get more time than the other, but that everyone could benefit from some form of modification.

And while some couples may be able to work together to come up with an agreement on their own, old wounds may prevent them from truly being civil with one another. This is where it can really help to bring on an experienced child custody lawyer, who can review all the details of the case and make a new transition as painless as possible.

What Bettelheim proposes is the institution of a mandatory review every couple of years to all child custody cases. She says that doing this – and allowing each child the opportunity to speak privately with a court mediation attorney – would help ensure that the current situation is working for everyone, child included.

However, it isn’t likely that this kind of sweeping legislation would be put into effect anytime soon.

That doesn’t mean, though, that parents can’t take the initiative. It may be somewhat painful at first, but revisiting the custody situation every few years – hearing out your kids and analyzing the scenario from a place of objectivity – can only serve to benefit everyone in the end.
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Presenting the evidence of your Highland car accident case can seem daunting. You may be confused over what you need to prove to show that you were not the at-fault party. Our Highland injury attorneys understand your confusion and we want to help you.Arnold v. Wallace is a recent Virginia case arising from a car accident. Mary Arnold (plaintiff) has an automobile insurance policy with Travelers Insurance Company (Travelers). In 2005, Plainitff was injured in a car accident caused by the other driver Jonathan Wallace (defendant). Defendant was uninsured at the time of the accident.

When you purchase car insurance coverage, there are many different facets to your policy. Obviously, the more money you pay as a monthly premium, the more coverage you receive if you are involved in a car accident. Every state differs in their laws regarding the standard requirements of the type of coverage you must purchase; however, it is a growing trend for states to have statutes that set legal minimums required in car insurance coverage in order to register your vehicle.

Car insurance requirements were created in order to assure that where a driver is involved in a car accident, and that driver was at fault, the other party will be able to be compensated for medical costs and property damage arising from that accident.
Although the policy limits and minimums vary depending on the state, the most common different types of car insurance coverage available include personal injury protection (PIP) coverage, bodily injury coverage, property damage coverage, med-pay benefits, and uninsured/underinsured motorist (UM) coverage.

When you purchase UM coverage as part of your policy, your car insurance company agrees to pay a certain amount in coverage if you are involved in a car accident with an uninsured or underinsured driver. Plaintiff in this case had a UM provision in her policy, and after her accident she entered a claim with Travelers in order to receive UM benefits.

Additionally, Plaintiff brought a negligence action against the defendant for damages associated with the accident that he caused. In order to prove that her medical injuries were a result of the car accident with the defendant, there were medical records and expert testimony entered into the record.

The dispute in this case was regarding the evidence presented to prove that the plaintiff’s injuries were directly related to the accident with the defendant. Plaintiff’s counsel called her doctor to testify as to the medical issues she was suffering with since the accident. This doctor testified that the plaintiff has spinal stenosis, bone edema and post-concussion syndrome.

This doctor, as with most doctors, kept a patient chart that indicated the medical impressions and opinions of his staff. On cross examination the defendant’s counsel created a foundation for the relevance of this chart and sought to enter it into the record. Over a plaintiff objection, the record was entered into evidence.

Although the plaintiff argued that this chart was hearsay; the court held that because the medical chart was a business record regularly maintained in a medical practice, it could be validly entered into evidence.

Thus, the impressions of the doctor’s medical staff regarding the plaintiff’s injuries were released to all of the parties in the case. This led to a significantly lower award for the plaintiff because the causal link between her injuries and the car accident was skewed.
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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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There are a number of locations that will be celebrating Cinco de Mayo 2012 within the area this weekend. Before heading out to these celebrations and before slamming some Coronas or tequila shots, we’re asking partygoers to make sure they’ve got a sober ride home.

Cinco de Mayo brings about some of the most intoxicated drivers. With the proper planning, we can all do our part to reduce the risks of alcohol-related car accidents in Highland and elsewhere throughout the area during the weekend fiesta!Our Highland accident attorneys understand that nearly 11,000 people are expected to die this year in drunk driving car accidents throughout the country. That’s a death every 50 minutes. Motorists are urged to be cautious on our roadways over the Cinco de Mayo holiday as far too many drivers are expected to get behind the wheel after having too much to drink. Our personal injury attorneys are asking residents to review these few simple safety tips, from Mothers Against Drunk Driving (MADD), to help to keep safe and out of an accident over the weekend.

Everyone is urged to designate a driver before heading out for the celebration. This means designating a sober driver. The person who has had the least to drink does not count as a designated driver. If you find yourself out without a designated driver, don’t worry because there are other safe ways to get around. You can call a friend or a family member to come pick you up. You can call a taxi or take the bus. You can even grab a hotel room or stay at a buddy’s house. Whatever you do, you do not want to get behind the wheel after consuming any amount of alcohol.

Remember that even if you’re not planning on drinking, there are a ton of people who are. This means you’ve got to be extra careful if you’re driving on our roadways over the weekend. Stay one step ahead of the traffic around you. If you think you’ve spotted a drunk driver, you’re urged to call local authorities and report them. Getting a drunk driver off of our roadways can help to save lives.

How to Report a Drunk Driver:

-Stay away from the suspected vehicle. Getting too close to an intoxicated driver puts you and your vehicle in unnecessary risks for an accident.

-Don’t try to pass the vehicle or try to stop them yourself.

-Get the vehicle’s license plate. Also, get the make, the model and the color of the vehicle. If you can, get a description of the driver.

-Call 9-1-1 and report this information to authorities. Include information regarding the location of the vehicle and the direction it’s heading.

Everyone is encouraged to go hang out and enjoy the holiday. Go out with old friends. Go out and make some new ones. Go out with a plan and return home safely!
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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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8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

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