DIVORCE LAW INDIANA

Dating tips for single parents

2011-05-31T10:32:00.002-04:00

You've mastered the playdate, but now it's time for the date-date. If you're feeling nervous or confused about entering the complex world of dating again, you're not alone.

Read on as single parents share their dating dilemmas and Amy Spencer, relationship expert and author of "Meeting Your Half-Orange: An Utterly Upbeat Guide to Using Dating Optimism to Find Your Perfect Match" solves them.

To read more, click here. Source: CNN

Summer fun helps kids, divorced parents strengthen bond

2011-05-28T10:37:00.001-04:00

On a sunny Florida beach, the miles between the homes of Kevin Batson and his 18-year-old daughter, Morgan, wash away like a sandcastle in the tide.

Summer is the season when parents separated by divorce have extended time to visit with their kids, share old memories and create new ones. And exes left behind can take a well-deserved break.

The Batsons get 20 days of summer to bond as father and daughter with a blended family and embark on adventure. This week, Morgan of Columbus is sunbathing with her Atlanta family in Seaside, Fla.

To read more, click here. Source: The Atlanta Journal Constitution

Divorce doesn't have to be a pain in wallet

2011-05-27T10:29:00.001-04:00

Money disputes cause many a marriage to unravel.

But when divorce does occur, spouses lose less money -- and sleep -- by being transparent about their financial dealings and working toward an equitable settlement, lawyers and financial planners say. Gathering all of the financial records before consulting a lawyer, divorce mediator or financial planner is a great first step.

To read more, click here. Source: Port Clinton News Herald

Characteristics of Divorce

2011-05-27T10:24:00.000-04:00

The latest U.S. Census data suggests that some demographics are more likely to get a divorce. Basically, there six demographic characteristics of divorce. Click here to read more.

Free Divorce Seminars

2011-05-27T10:14:00.002-04:00

Waters, Tyler, Hofmann & Scott, LLC offer free divorce and family law seminars. Our latest seminar, "Surviving Divorce: A guide to help you through an Indiana divorce", will be held on Monday, June 21, 2011 at 6:30 p.m. at 1947 East Spring Street in New Albany, Indiana. You must pre-register by Wednesday, June 15, 2011. Please call Karla at (812) 206-6073.

If you can't attend, please click here to download the audio of the seminar.

Video: Representing Yourself in Divorce Court

2011-05-26T09:16:00.003-04:00

The Indiana Supreme Court has produced several videos to help educate people about the judicial process and the court system. In these videos, there is an overview of your responsibilities if you want to represent yourself in Court.

Indiana Family Law Case Update

2011-05-25T09:07:00.001-04:00

The Indiana Court of Appeals gave mother custody of the parties daughter after the parents could not make joint custody work. In Re the Paternity of A.S. is another example of where the court will award one parent sole custody if there is evidence that co-parenting is not working. Unfortunately, many parents start out with joint custody, but their anger and amimosity towards each other makes it nearly impossible for them to co-parent. In the end, joint custody will not work if the parents cannot communicate. To read the entire opinion, click here.

Proposed Parenting Coordinator Rules

2011-05-25T08:34:00.001-04:00

We have previously discussed the use of Parenting Coordinators in high conflict custody and visitation cases. Basically, the court appoints an attorney or counselor to work with the parents to resolve day-to-day disputes regarding the children instead of going to court. The Indiana Supreme Court is considering rules for parenting coordinators. The most significant requirement is that the parenting coordinator have a minimum of five years in family law practice or family law counseling. Click here for a copy of the proposed rules.

Family Law Newsletter available

2010-10-05T19:18:00.000-04:00

Be sure to check out the latest edition of the Family Law Newsletter from Waters, Tyler, Hofmann & Scott, LLC. Click here. You will learn about staying focused on your kids during a divorce, how to help your attorney represent you, the latest decisions from the Indiana Supreme Court and the Indiana Court of Appeals, and more.

Divorce insurance: not for everyone

2010-10-04T11:02:00.003-04:00

In the first of its kind, a company is now offering divorce insurance. The policy pays the policy holder after he or she is divorced. It costs about $16 per month for every $1,250 of coverage. You must remain married for at least four years before you can recover under the policy. While buying divorce insurance is not for most marrying couples, it may be something to consider in a pre-nup for high asset marriages. For more information, click here.

October is Domestic Violence Awareness Month

2010-10-01T11:20:00.002-04:00

Today begins National Domestic Violence Awareness Month. Adult domestic violence is one of the most serious public health and criminal justice issues facing women today. Most victims of domestic violence are women. In fact, between 91-95% of all documented domestic violence cases are women being abused by male partners. About 1-2% is physical abuse of men by their female partners, and 3-8% of the total number reported domestic violence cases involve same-sex relationships.

If you are in a domestic violence relationship or situation, you must seek out the resources you need to protect yourself and your children from abuse. For more information, click here.

Indiana Family Law Case Update: Health insurance premiums as a marital asset

2010-09-30T09:14:00.007-04:00

The Indiana Supreme Court yesterday ruled that health insurance premiums paid by a former employer as part of the husband's pension plan is a marital asset in a divorce. In Bingley v. Bingley, the parties were divorced after 37 years of marriage. Husband was retired. As part of husband's retirement package, his former employer paid his monthly health insurance premiums and agreed to do so for the rest of his life. The trial court had held that the health insurance benefifts were not a marital asset at which time wife appealed.

The Supreme Court reversed the trial court reasoning that the health insurance benefits are an asset because they were earned during the marriage. The Court stated that the husband has a right to the medical servics his health insurance will cover for the rest of his life. Because his former employer assumed a monthly liability that the husband would otherwise have had to bear, his health insurance benefits more closely resemble a right to future pension payments.

The Court did concede that valuation of the premiums as an asset is difficult. It further noted that the Court had not previously addressed the possible methods of valuing health insurance benefits in a marriage. While the Court stated that the method may vary case by case and may depend on the type of evidence the parties produce, it concluded that there were three possible methods of valuing health insurance benefits.

It should be noted that Justice Dickson dissented. He stated that the decision "expands the division of marital property contrary to statute, intrudes upon the legilsature's public policy prerpgatives and signficantly and harmfully disprupts Indiana marriage law and practice." Justice Dickson also warned of the decision's impact on other benefits besides health insurance.

To read the entire opinion, click here.

Indiana Family Law Case Update: Child support credit for alimony

2010-09-29T10:41:00.008-04:00

In Ashworth v. Ashworth, the Indiana Court of Appeals reversed a trial court's decision enforcing an Tennessee support order and modifying the obligation.

The couple were divorced in Tennessee when the father was ordered to pay child support and alimony. Mother later remarried and relocated to Indiana with the two children. Meanwhile, father unilaterally reduced his support resulting in mother filing in Indiana to enforce the Tennessee order and asking for a modification.

While there were several issues raised on appeal, the most significant was the treatment of alimony when it comes to calculating child support in Indiana. Father alleged the trial court abused its discretion in failing to deduct his $1500 monthly alimony payment from his weekly gross income. Father reasoned that the alimony should be treated as a maintenance payment to mother. The Court of Appeals found that he was entitled to deduct the alimony payment because it was not a property settlement. The decision gives a fairly good analysis in determining whether alimony or maintenance is really payments for property settlement.

The Court also agreed with the father that he was not given a credit for the children's health insurance premium. Also, father alleged the trial court improperly included his daughter's full-time preschool expenses as a work-related child care expense for mother even though she was not working and there was insufficient evidence to order payment of his son's private school tuition as additional child support.

For the entire opinion, click here.

Adoption/custody battle between Indiana and Ohio

2010-09-29T10:06:00.006-04:00

In a case that has received national media attention, a couple is fighting to retain custody of a two year-old boy they have raised since birth. Meanwhile, the child's biological father is seeking to have custody. The dispute surrounds Ohio's adoption law and Indiana's enforcement of an Ohio court order requiring that the child be given to the biological father. It appears that the Ohio Supreme Court has issued a temporary stay of the order while it reconsiders its 4-3 decision.

This case is pending in Floyd County, Indiana and highlights the difference between adoption and child custody laws. Unfortunately, most adoption laws are more about procedures and due process than the best interests of the child. Meanwhile, child custody laws are designed to promote the child's best interests. The media's account has missed this point along with the fact that Indiana must give Ohio's court order full faith and credit.

It also raises the issue of the rights of the biological father in adoption proceedings. Indiana's law is very similar to Ohio's in that the biological father has the right to contest the adoption if timely filed, which was done in this case. Click here for a summary Indiana's law.

Click here for the latest from The Louisville Courier-Journal. Also, click here for more from CBS News.

Why have a prenup?

2010-07-16T09:00:00.002-04:00

A prenuptial agreement is a written contract between two people who are planning to get married. Whether to have a have prenup depends on each person's situation and finances. Here are some reasons to consider signing a prenup:

Avoid potential costly and lengthy litigation.

Avoid a custody battle over the kids.

Save on legal fees.

Keep a business from going bankrupt.

Protect kids from previous marriages.

Peace of mind to both parties.

The bottom line is that a prenuptial agreement can save a lot of money, stress and heartache. You should at least talk to a lawyer to see if a prenup makes sense for you.

Dealing with your spouse during divorce

2010-07-15T09:00:00.001-04:00

Divorce tends to bring out the worst in people. Self-interest apparently justifies deceptions and outright lies that would be intolerable to nice people in ordinary times. Self-protection requires a new set of guidelines for dealing with your legal adversary (your spouse) and here are a few:

If love is gone, substitute politeness.
Be skeptical. Half of what is said is meant to deceive you. The other half is self-deception.
Conceal your cards. Don't let your spouse know how much you know.
Walk away from arguments or conflict.
Expect your spouse to resent your lawyer and to attempt to undermine his or her influence.
Don't enter into private negotiations without your lawyer's knowledge and advice.
Don't make agreements or sign anything without talking to your lawyer first.
When in doubt, believe your lawyer, not your spouse.
Don't rub in your legal victories. Losers try to even up.
Please obtain a post office box until the conclusion of the case so that your mail will not be intercepted by your spouse.
Use your lawyer as a hired insulator. Learn to say, "Talk to your lawyer and have him or her talk to mine."
Do not, under any circumstances, keep any files in connection with your case at your marital residence or any location (i.e., computer) where spouse could seize and obtain them, thus learning your entire case and strategy.
Do not, under any circumstances, enter into any agreements of sale on your real estate, or the acquisition of new real estate, without first conferring with your attorney. Such an action or activity on your part could find you in a "squeeze play," without a place to live and without funds to make the purchase, if your settlement has not been consummated by that time.
Do not be intimidated by your spouse if an ultimatum or deadline is give you to accept or reject an offer or proposition. One does not negotiate "under the gun" as to time. That offer or a better offer, we frequently find, may always be available or, failing same, the court will direct the appropriate fair settlement award to you.

Help your attorney represent you

2010-07-14T09:00:00.001-04:00

There are a number of things you can do to help your divorce attorney. One of the most important is to always be truthful. Your lawyer has heard many things in the course of his or her career, and you are not going to shock your lawyer. Because Indiana is a "no fault" state, much of what has happened during the marriage may be irrelevant as to property division. Some incidents in the past may be relevant to custody issues. Nevertheless, complete disclosure of all facts can help prevent your attorney from being blind-sided and unable to effectively represent you.

Always be truthful with your attorney. Failure to tell him or her everything will only create problems including delays and costs. Your attorney should not be surprised by a revelation about you or spouse.

Another important way to help your attorney is by gathering information together at the start of your case. You should locate and make copies of the following:

Bills (yours, your spouse's and joint bills)
Tax returns
Bank statements
Brokerage statements
Retirement account statements
Loan balances (mortgages, cars, etc.)
A list of your major assets

Divorce and your kids: begininning with the end in mind

2010-07-13T09:00:00.001-04:00

Steven Covey's book The 7 Habits of Highly Effective People recommends that you develop the habit of "beginning with the end in mind." In other words, think about where you want to be when everything is finished. This principle applies in divorces as well.

If you have children, you should think about a couple of things and maybe even discuss them with your spouse. What do you want your children to be like when they are 25? Do you want them healthy, happy and well-adjusted? If so, that will guide all of the decisions you must make in the divorce. When your children get married, where will you want to sit at the wedding? In the front row with your former spouse (where you belong)? Or standing in the back of the church, maybe even not invited to the wedding? Where you want to be on that day will guide your decisions.

If you have children, you should immediately take advantage of a free and confidential web-site, Up To Parents, at www.uptoparents.org. Developed by a family law mediator and counselor, this web-site helps parents remember that their children need them during and after the divorce. Countless attorneys and mediators report that if both parents use this web-site and work through its exercises, the divorce is much smoother, less stressful and less expensive.

Be certain you want a divorce

2010-07-12T11:12:00.003-04:00

If you're visting this blog, it is likely because either you think you want to get divorced, or your spouse has told you he or she wants to get divorced. If it's your spouse who said something, then there may not be much you can do to prevent it. In fact, if your spouse is certain, then there is nothing at all you can do to prevent the divorce.

On the other hand, if you are thinking about divorce, think hard and think carefully. A divorce is a long, stressful, and expensive process. Even if the divorce is 'amicable," it is still stressful. Researchers once compiled a list of stressful life events. Ranking first was the death of a spouse. At the bottom of the list were things like retirement or going on vacation (ranking 53rd and 54th respectively). Divorce ranked 9th on the list - higher that the death of a close friend.

Unless you are completely certain, you should not pursue a divorce. Your personal finances will suffer. If you have children, they will suffer - a lot. In fact, the same researchers concluded that on the scale of stressful life events, having your parents divorced is ranked 10th. This not a decision to make lightly.

If you are certain, speak with a mental health professional or your clergy person. Explore all possible alternatives thoroughly. Once you start the process, it is very difficult to put the genie back into the bottle. Even if you change your mind, your spouse might decide he or she wants to go through with it. In that case, you are stuck.

Divorce lawyers: Facebook tops in online evidence in court

2010-06-29T09:00:00.001-04:00

We have previously written about the growing impact of social network websites can have on a divorce. The Louisville Courier-Journal today has a story on how divorce lawyers are making the most of those Facebook posts. To read the story, click here.

Indiana Family Law Case Update: change of custody

2010-06-28T14:52:00.007-04:00

In Tamasy v. Kovacs mother appealed the trial court's order giving father custody of the parties' three children. In a decision that includes a wide variety of custody issues, the Indiana Court of Appeals upheld the modification of custody.

The parties were divorced in 2000 when the parties were awarded joint legal custody and mother was given primary physical custody. Shortly after the divorce, mother relocated from Indiana to Massachusetts at which time father exercised visitation. In 2008 father asked the court to grant him custody.

It should be noted that eleven days later mother filed to have the case moved to Massachusetts. But the Indiana court denied her request finding that mother was merely "forum shopping".

This case is an excellent example of where the court will change custody if the custodial parent continues to interfere with the non-custodial's parental rights. The trial court found that mother had intentionally refused to give the children internet access to communicate with their father, she taped the children's telephone conversations with their father and would even hide the telephone from the children so they could not call their father.

It is clear the mother's actions were a significant reason she lost custody. Remember the custody standard is the "best interests" of the children. Most of the time judges will find it is in the children's best interests to have a relationship with the non-custodial parent. To read the entire opinion, click here.

Is hiring the right divorce lawyer worth it?

2010-06-22T09:00:00.002-04:00

The difference in fees among experienced divorce lawyers is relatively insignificant. It is most important that you feel confident that the lawyer is trustworthy because you cannot independently verify all the time spent on each and every task.

Meanwhile, an expensive attorney is not always a skilled attorney. Be wary of lawyers who lack the credentials to justify substantial fees. Do not assume that because an attorney is expensive, he or she must be competent. On the other hand, do not let legal fees deter you from retaining a skilled and experienced divorce lawyer.

Remember to keep attorney fees in perspective. For example, if your lawyer obtains for you an additional $50 per week in child support for your 3 year-old, after 18 years you would receive an additional $46,800. An expensive lawyer may be better able to procure a bigger settlement or longer maintenance payments. Similarly, good lawyer skills may enable a litigant to maximize or minimize the value of a business being distributed. An experienced lawyer may cost more now, but the long term financial benefits may tremendously outweigh that cost later.

A divorce can be extremely stressful and painful. It can be a very difficult time for you and as well as for your children, relatives and friends. If you are getting a divorce, you do not need the added stress of wondering, "Did I choose the right divorce lawyer?"

Your divorce lawyer should be part of your solution, not a part of your problem. If you have a strong, experienced lawyer fighting for your best interests, you will not have to worry about your case. Rather, you can devote more of your time and energy to emotional and psychological well-being, and you can start looking forward to your new life. Don't make it harder on yourself by choosing your lawyer haphazardly. You owe it to yourself to choose carefully and to choose the best divorce lawyer for you.

Latest episode of Divorce Matters podcast

2010-06-21T09:00:00.002-04:00

Be sure to check out this week's episode of the "Divorce Matters" podcast, click here. In this installment you will hear a discussion about working together as co-parents after your divorce, how to handle marital debt and the pros and cons of splitting custody of siblings. Subscribe to "Divorce Matters" by clicking here.

Happy Father's Day

2010-06-20T09:00:00.001-04:00

From all of us here a Divorce Law Indiana and the law firm, Waters, Tyler, Hofmann & Scott, LLC, we would like to wish you a happy Father's Day. We hope you and your family have an enjoyable holiday.

Should Indiana adopt maintenance guidelines?

2010-06-18T09:00:00.002-04:00

Indiana, like most states, has child support guidelines leaving the court's with little discreation in establishing child support payments. Meanwhile, when it comes to spousal support or maintenance, there is no set formula for the judge to follow. The result is widely inconsistent orders. It also makes it difficult to adequately advise a client on how much, if any, maintenance payments to expect.

The State of New York is considering legislation that would set up a standard formulat that judges would need to use to determine maintenance. Should Indiana consider adopting spousal support/maintenance guidelines? It seems a standard formula would make things easier and prevent wide deviations you get from one judge to another. Regardless, such guidelines should take into consider the incomes of the parties, actual taxes paid and lifestyle.

The New York proposals are part of that state's latest effort to move to no-fault divorces. Click here for an article from The New York Times on the legislation.