The Difference Between Legal Separation and Divorce
Many divorces are preceded by the couple separating, usually with one moving to another residence, but sometimes just to a different room in the home. This period of separation is used by some couples to reassess the feasibility of saving the marriage and by others as a precursor to divorce. Depending upon the circumstances, spouses...
There are Limits on a Court’s Ability to Enforce Child Support
Child support is a touchy subject for many parents due to commonly conflicting views on the adequacy of the amount provided versus the way the money is spent. However, once this obligation is established by a court order or through an administrative order with the Child Support Program, part of Indiana’s Department of Child Services,...
What Happens to Debt When Couples Divorce?
The financial fallout in most divorces cannot be overstated. Rare is the situation in which a divorced individual does not have to make considerable adjustments to his/her standard of living to compensate for the loss of income and the imposition of support obligations. The division of marital property is supposed to offset these financial losses...
Child Support Basics
When a parent divorces or separates from a partner, one of the first thoughts he or she may have is how to support the children on less money. Each child has the right to financial support from both parents until the child becomes a legal adult, and this right is enforceable by court order. When...
How Courts Approach Tailoring and Modifying Protective Orders
Obtaining a protective order to keep someone away who one believes means one harm is a serious step that should not be taken lightly, and is often a precursor to divorce. If violence is occurring, a protective order is an important tool to maintain safety, but it does significantly impinge on the rights of the...
Dischargeable and Non-Dischargeable Debt in Chapter 7 Bankruptcy
Someone with enough debt to consider filing for Chapter 7 bankruptcy does so with the expectation that most or all of his/her legal obligations will be wiped out when a court orders a discharge (a legal process that releases a debtor from personal liability for the debt). However, Chapter 7 bankruptcy is not necessarily the...
When Should You Seek to Modify Child Custody?
Following a child custody order is almost guaranteed to challenge a parent at some point. Whether due to issues with the other parent or changes with the needs of the child, child custody orders cannot cover all eventualities, and some degree of flexibility is often required to maintain cooperation. As any divorced or separated parent...
Special Considerations for Getting Divorced Later in Life
Once a marriage starts to be measured in terms of decades, it becomes increasingly difficult to imagine that it will end in divorce. However, studies in recent years have found that the rate of divorce for those 50 and older is on the rise, and is the highest it has ever been in this age...
The Good and Bad of Chapter 7 Bankruptcy
Filing for Chapter 7 bankruptcy protection has long-term consequence, and should not be decided in haste. Being in debt is never a desirable situation, but other forms of debt reduction should usually be attempted before turning to bankruptcy. Overwhelming debt is no laughing matter, and something substantial must be done to create a sustainable financial...
Grandparents’ Rights Following Parents’ Divorce
One of the harshest consequences of divorce is the likely loss of contact with family and friends that often happens once each spouse establishes a separate household. Some of this change occurs organically, but some of it can be intentional, especially if the connection is directly associated with the former spouse. Children may have a...
