Indiana divorce

September 2, 2016

Laesch v. Laesch – Indiana Court Affirms Sanctions for Failure to Pay Per Divorce Agreement

The Indiana Court of Appeals has affirmed a lower court decision in Laesch v. Laesch, finding a husband must:

Pay interest on his monthly payments to his wife, because he did not pay each in a lump sum;
Be held in contempt for failure to obtain a life insurance policy naming his ex-spouse as the sole irrevocable beneficiary;
Pay for her attorney fees in taking the matter to court.

The outcome has proven costly for the husband, and it illustrates the importance of ensuring you fully understand your obligations under each provision of the original Indiana divorce agreement. Failure to abide by any part of it could prove an expensive mistake. Continue reading

May 11, 2016

Luttrell v. Cucco – Same-Sex Couple Cohabitation Affects Spousal Support Payments

by Burton A. Padove

Last year, a landmark U.S. Supreme Court decision opened the doors for same-sex partners across the country to obtain a marriage license – and to have those marriages recognized in any state across the country. Since that ruling, many same-sex couples have married in Indiana.

But there are still some gray areas in our nation’s civil court systems with regard to these relationship. Take for example the recent case of Luttrell v. Cucco, weighed in on by the Virginia Supreme Court.

At its core, this case was a dispute over spousal support. As is common in many temporary spousal support agreements, a provision indicated that the support agreements were subject to termination in the event of “cohabitation,” as defined in Va. Code 20-109. The law states that maintenance and support of an ex-spouse may be discontinued upon cohabitation, remarriage, or death. Specifically, the law states that an ex-spouse who has been “habitually cohabitating with another person in a relationship analogous to a marriage for one year or more” is subject to termination of spousal support benefits. Continue reading

January 7, 2016

January Recognized as “Divorce Month”

by Burton A. Padove

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

September 9, 2015

Adultery Site Ashley Madison Hack Reveals Indiana Government Emails

by Burton A. Padove

When the adultery-promoting website Ashley Madison was hacked last month, the personal account information of millions of current and former site users was released. According to the Indy Star, it appears a number of email domains listed on the spouse-cheating site were .gov domains linked to city accounts in Indiana, Carmel and Greenwood, as well as to the Indiana State Police and the Indiana Department of Correction.

Officials were careful to caution that the appearance of those emails doesn’t necessarily mean anyone signed up for the service using their work email, but an investigation was being launched nonetheless. It’s not so much a moral issue, they say, as a potential violation of government email use policy.

But whether having an account tied to the site that encourages affairs causes workers trouble with their employer, it may not have a direct effect on one’s divorce. That’s because Indiana is a no-fault state when it comes to divorce. Continue reading

August 24, 2015

In re: The Visitation of L. – A.D.W. – Indiana Supreme Court Weighs Grandparent Rights

by Burton A. Padove

The Indiana Supreme Court was asked to consider whether the trial court abused its discretion in granting child visitation to maternal grandparents after their daughter – the child’s mother – passed away.

In re: The visitation of L.- A.D.W., the state high court ruled visitation in this case was appropriate, even if it went against the father’s wishes to more strictly control such interactions. The court considered the best interests of the child in reaching its conclusion.

Although grandparents in Indiana face significant hurdles in obtaining visitation if it is against the express wishes of the parents, a strong argument can often be made where the bond is especially strong and/or when one of the parents has died.