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Should I Approach My Partner About a Prenuptial Agreement?

While prenuptial agreements are often associated with the very rich, the truth is that they are becoming more commonplace among middle-class couples and ordinary folk across the U.S. Marriage is essentially a contract between two people to combine their financial resources and operate as a single entity. While that is patently reductive, and there is,...

Understanding Property Division in an Indiana Divorce

As part of your divorce settlement, you will need to divide the marital estate. This not only includes assets, bank accounts, and money, but it also includes any debts that were incurred during the marriage. The marital estate includes any property owned by both spouses jointly. This includes real estate, cars, valuable assets, retirement accounts,...

The Impact of Drug and Alcohol Abuse on Child Custody Cases in Indiana

Generally speaking, the Indiana courts favor situations in which both parents have custody and access to the children. In other words, the courts assume that it is in the child’s best interests to have both parents play a role in the children’s lives. In order to deviate from this presumption, the courts must find evidence...

Understanding Divorce Mediation in Indiana

Divorce mediation is an alternative form of dispute resolution that involves a neutral third party who assists a divorcing couple in reaching a divorce agreement. In some counties, divorce mediation is mandatory for contested divorces. The couple must at least try mediation prior to asking the court to intervene on their behalf. The mediation process...

What Constitutes Bankruptcy Fraud?

Committing fraud during bankruptcy can result in serious consequences. You can be denied a bankruptcy discharge, fined, or even face criminal charges. Filing for bankruptcy is an honest way to gain a fresh start. However, you must play by the rules. Any dishonesty during the bankruptcy process could rise to the level of fraud. Indiana...

Indiana Bankruptcies: Which Chapter is Right for Me?

As an Indiana bankruptcy lawyer, one question we are frequently asked is: Which chapter of bankruptcy should I file under? The answer is by no means intuitive, and there are several questions that must be answered before we can successfully advise our clients. In this article, the Indiana bankruptcy attorney, Chris Arrington, will discuss the...

Is Mediation Right for My Divorce in Indiana?

There are several ways to dissolve a marriage in Indiana. Going to battle in court is only one of them. Today, alternative dispute resolution measures such as mediation or collaborative divorce are two ways to dissolve a marriage that do not involve the expense and headaches of litigating in court. The Avon divorce attorneys at...

A Brief History of Bankruptcy in the United States

The very first bankruptcy laws were passed by Henry VIII in 1542. At that time, bankrupt individuals were considered criminals and, therefore, subject to punishment under the law. The bankrupt party may be sentenced to debtors’ prison or face other punishments.  In the U.S., the first bankruptcy laws were passed in 1800 as a response...

Can I Refuse a Breathalyzer Test in Indiana?

If you are pulled over, and a police officer suspects you of operating your vehicle under the influence of alcohol, that officer can request that you take a breathalyzer test to confirm their suspicions. The officer must first establish probable cause to require you to take a breathalyzer test. This is accomplished based on a...