When Parental Conflict Undermines Joint Custody
Indiana courts frequently advocate for a joint custody arrangement when both parents are able to cooperate and communicate. However, this is not always possible in all cases, especially when both parents are unable to cooperate. The following is a recent example. Background of the case In this case, the parents had one minor child and...
When Joint Custody Breaks Down in Indiana Family Law Cases
In Indiana family law, joint custody is effective when parents are able to maintain communication and work together for the best interest of the children. However, when communication breaks down to the point that joint custody is no longer effective, the courts are able to intervene and make modifications to existing custody situations. Background of...
Unequal Division of the Marital Estate Under Indiana Law
Indiana law begins with the presumption that marital property should be divided equally between spouses at the time of their divorce. However, that presumption is rebuttable, and courts may order an unequal division when the evidence shows that an equal split would not be just or reasonable. A recent Indiana Court of Appeals decision illustrates...
Child Relocation Disputes Under Indiana Family Law
One of the most difficult aspects of family law is when one parent wants to relocate their child, depriving the other parent of parenting time. In these cases, the court has to strike a balance between the rights of the parent to relocate and the need to ensure the child maintains a relationship with the...
Contested Custody Modifications Under Indiana Law
Disputes involving custody tend to be the most contested when one of the parents wants to alter the existing custody agreement. However, the Indiana courts take a careful approach to custody modifications. A recent case decided by the Indiana Court of Appeals illustrates the process of evaluating contested custody modifications and the reasons why the...
When One Spouse is Ordered to Pay the Other’s Attorney’s Fees in an Indiana Divorce
Attorney fees are usually a significant point of contention in a divorce proceeding. Indiana courts have wide discretion to order one party to pay for the legal fees of the other, especially in cases where one spouse has significantly more assets and income than the other. In other cases, a spouse can engage in litigation...
How Indiana Courts Handle Contested Child Support Or
Child support is often one of the most contested issues in Indiana family law. Even when parents agree on custody or parenting time, disputes often arise over what the monthly child support amount should be, especially when income is inconsistent, expenses are disputed, or one parent believes the court used the wrong numbers. In the...
What Indiana Parents Should Know About Child Relocation Disputes
If a parent wants to relocate after a divorce or custody decision, this decision can have far more consequences than those faced by the relocating parent. In the State of Indiana, relocation with a child can impact visitation rights, the child’s continuity in school, and the child’s relationship with both parents. This is why in...
Unequal Division of Property in Indiana Divorce Cases
A lot of folks going through a divorce assume that Indiana law requires judges to split the marital estate 50/50. That isn’t so. In some cases, judges can see fit to award more of the marital estate to one party than the other. While Indiana does start with the presumption that the marital estate should...
Unequal Division of Marital Property in Indiana
One commonly held belief is that marital property is always divided in half during divorce. It is true that Indiana law starts with the presumption that it should be divided 50/50, but the court can see fit to award more of the marital estate to one party over the other. Background of the case In...
