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Divorce

Divorce http://www.wtshdlaw.com/ 2010-02-18T14:22:40Z Divorce http://www.wtshdlaw.com/site/divorce/divorce.html 2010-02-18T14:22:40Z

In Indiana, a marriage is a three-way contract between the husband, the wife and the State.   Further, Indiana is basically a "no fault" state, which means that either party can seek a divorce or dissolution of marriage and the Court assesses no "blame" for the failure of the marriage.   Because "fault" is not a factor in dissolving a marriage, the key issues become: <ul> <li>Care, custody and support of the minor children</li> <li>Restoration of non-marital property (things owned before the marriage, inherited by one of the parties or that were a specific gift to one of the parties)</li> <li>Division of marital assets (bank accounts, investments, retirement and pension funds, real estate, vehicles, business interests, personal property, etc.)</li> <li>Assignment of responsibility for the payment of debt.</li> </ul>   <hr /> You deserve experienced and knowledgeable divorce attorneys.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the Family Law Atorneys at <a href="http://www.wtshdlaw.com/site/about/firm-overview.html">Waters, Tyler, Scott, Hofmann & Doane, LLC</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Grounds for Divorce http://www.wtshdlaw.com/site/divorce/grounds-for-divorce.html 2010-02-18T14:24:26Z

"Grounds" for divorce are no longer required as Indiana is a no-fault state. Though we may use the word "divorce," this is not the legal term for the process of ending a marriage.   The correct terminology is an "action for dissolution of marriage."  The people whose marriage is being dissolve are called the "parties."  You will be either the Petitioner (the one who files a petition seeking a divorce) or the Respondent (the one who answers or responds to the petition for divorce).   The Court must conclude that the marriage is "irretrievabley broken with no hope of reconciliation."  Also, one of the parties must have resided in Indiana for at least six months and for three months in the county were the divorce is filed.   Lawyers are ethically required to help people reconcile if possible.  However, you should be realistic.  Is there a reasonable chance you and your spouse can or will reconcile?  Your divorce lawyer really does care about that issue.  The bottom line is this:  the Court considers most misconduct and blame for the break-up of the marriage to be irrelevant.   <hr /> If you are thinking about divorce, our attorneys can help you find the solutions.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane</a> -- (812) 949-1114.  Weekend and evening appointments are available; major credit cards accepted.   Marital Property http://www.wtshdlaw.com/site/divorce/marital-property.html 2010-02-18T14:25:31Z

Indiana law requires the Court to divide the marital property in just and fair proportions.  It most cases, this will mean equally.  The spouse that stayed at home and cared for the house and children is usually deemed to have contributed just as much to the marriage and marital assets as the spouse whose name appears on the weekly paycheck.   <h4>What is marital property? </h4> <img alt="" align="left" width="163" height="109" src="/uploads/3/Image/House.jpg" />In order for the Court to make an equitable division of your marital property, it must first know what constitutes the marital property.   Marital property is defined as all of the property (houses, cars, stocks, cash, etc.) which you and your spouse have purchased or obtained during your marriage.  It is very important that you list all of the property of which you are aware or even suspect exists.   <h4>Be sure to include all property</h4> It is expensive and time consuming to return to the Court after the divorce to attempt to get the Court to divide property you forgot to include the first time around.  The best mindset to have when it comes to marital property is, "If I don't list it, I'll lose it!"   <h4>Create an inventory of marital property</h4> Your attorney cannot possibly know about every single piece of furniture, bank account, CD and IRA you and your spouse have acquired during the course of your marriage unless you tell him or her.   <h4>What is the property worth?</h4> Used personal property has far more value to the person in possession of it than its value at a public auction, in an appraisal or assigned by the Court.  The Court must use fair market value (FMV), or what a willing buyer would give a willing seller.  It is very close to the value at an auction or yard sale.   You and your spouse will always do well to divide your marital possession and decide ultimate ownership of personal property, especially items like used furniture, appliances, TVs and stereos.  Such property must be appraised if there is no agreement, and this can be expensive.  It is not unusual for parties to be dissatisfied with the values assigned by the Court-appointed appraisers.    <h4>Must Haves</h4> You may have to decide if you are willing to pay lawyers' fees to fight for a piece of property.  If you and your spouse can agree on a comprehensive list of tangible personal property, but seemed stalled on a method to ascertain equitable distribution, you might want to consider the "Personal Auction" technique.  Flip a coin to see who goes first and then alternate making choices until all the items are assigned.   <hr /> Considering divorce? We are committed to protecting your interests.  With so much at stake in your divorce you need experienced and knowledgeable attorneys.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointmens available; major credit cards accepted.   Non-Marital Property http://www.wtshdlaw.com/site/divorce/non-marital-property.html 2010-02-18T14:26:16Z

The law in Indiana presumes that all the property that a married couple own is their "marital property," that is, both own the property.  It does not matter who owns legal title.   <h4>What is non-marital property? </h4> But the Court will allow you or your spouse to attempt to overcome this presumption.  Examples of non-marital property can include cars, boats, motorcycles, houses, real estate, cabins, farms, bank accounts, stocks, certificates of deposit and businesses owned by you or in which you had an interest before your marriage. The Court must assign non-marital property before preceeding with the balance of the divorce case.    <h4>How do you protect your non-marital property? </h4> Old titles to your car, credit card receipts, cancelled checks, deeds, wills, and similiar documents are what is needed if your divorce attorney is going to trace property to you and convince the Court it should be yours and not your spouse's.   Not having these documents does not mean you will not be able to get your property back, it may just make it more difficult.  It can get really tricky when you had property of some kind before you got married and then sold the property and mixed the money you got from that sale with money you earned during the marriage to buy something else.   With proper documentation, your divorce lawyer may be able to get the value of your non-marital contribution to the purchase of the property back for you.  This scenario frequently happens when two people sell their respective homes they lived in before the marriage and take the proceeds to buy a new home.   <h4>Prepare an inventory of your non-marital property</h4> Completion of a Non-Marital Inventory is extremely important.  This your opportunity to state a claim on all things you owned before your marriage and that were given to you as gifts as well as property inherited by you and bought with money you obtained through of any of these sources.   Remember, however, that many of the items you claim to be non-marital will require proof that you obtained them before the marriage, as a gift exclusively to you, as an inheritance or purhcased with funds from one of those sources.   <h4>Inheritance and gifts </h4> For example, if you inherited your father's farm three years ago (before or after your marriage), you may need your father's Will to prove it was an inheritance.  On the other hand, if your mother gave you a family heirloom such as her mother's china, you will need your mother or someone else knowledgeable about the circumstances to testify that it was a gift to you and you alone, perhaps with the understanding that you would pass it on to your daughter when she married.   <h4>Value of non-marital property </h4> Finally, as you begin to list the non-marital property you are claiming, you must attempt to give each item a value.  The value should take into consideration each item's age and condition.  Unfortuantely, the Court cannot translate your sentimental attachment to Aunt Becky's rocking chair into money unless it is a true antique.  Its true worth is probably what you could sell it for at a public auction or yard sale.   <hr /> You deserve a divorce attorney who cares about your case.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Valuation of Marital Assets http://www.wtshdlaw.com/site/divorce/valuation-of-marital-assets.html 2010-02-18T14:26:59Z

<h4>What is fair market value?</h4> Accurately determining what is the fair market value (FMV) of any and all items of a couple's personal, real, tangible or intangible property is essential to representing a client in a complex divorce case.   FMV can be simply defined as "the price an item would sell for on the open market."  This often means what an item could sell for at a public auction or yard sale.  It does not mean its purchase price or replacement cost.   <h4>Valuation of Real Estate</h4> In simple divorce cases, the parties may be able to agree on the value of major assets, such as the house.  For example, if the house was appraised in the past year or so for a refinancing, the parties may well agree to use that value for their residence.   However, professional appraisal of real estate (residence, farm, rental property, commerical property, vacant land, etc.) is commonly required in divorce cases.   Sometimes it is necessary to ascertain what was the value of a piece of real estate at the time of the marriage (particularly if it was owned by one party prior to the marriage) and to measure that against its value today.  Occassionally, one spouse will have invested a significant amount of "sweat equity" into real estate which had been owned by the other spouse prior to marriage.  The increase in the property's value will be a key issue in the division of this asset.   <h4>Valuation of Personal Property</h4> The IRS defines "personal property" as "property of any kind except real property.  It may be tangible, having physical existence, or intangible, having no physical existence, such as copyrights, patents, or securities."   Other assets which may require appraisal would include furniture, tools, jewelry, household furnishings, appliances, linens, books, collectibles, automobiles, boats, trailers, sporting equipment, motorcycles, computers, etc.  In that case, a personal property appraiser would be hired by one or both parties to inventory and value every item found in either of the parties'  homes.  This process is somewhat expensive, but is often required in divorce cases where the parties are unable to agree on how to divide these items equitably.   <h4>Other kinds of property</h4> Business interests, professional practices (doctors, lawyers, accoutants, etc.), stock, stock options, investment real estate, copyrights, inventions, etc. are important examples of other types of property which may require appraisal or valuation by an expert.   <hr /> If you are considering divorce, we can help guide you through the complex issues in your case.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the divorce attorneys of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Dissipation of Marital Assets http://www.wtshdlaw.com/site/divorce/dissipation-of-marital-assets.html 2010-02-18T14:27:43Z

If one party intentionally dissipates (which means "to waste", to "expend on useless or profitless activity", "to use or consume an asset thoughtlessly or carelessly") marital assets, the other party may be able to seek compensation for that loss.   If a spouse installs a paramour in a new home, provides the paramour with a car, pays the paramour's bills, travels with the paramour on vacations, etc., then the injured spouse can file an action against the other for dissipating the parties' marital assets.   If a spouse gambles or drinks away such assets or if a spouse spends marital assets in the pursuit of a drug addiction, the injured spouse can also seek remedies through the Court for dissiptation.   Giving away, discarding or destroying marital assets can also be considered dissipation.   <hr /> Considering divorce?  You deserve an experienced attorney to represent you.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact </a>the family law attorneys of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Division of Retirement Benefits http://www.wtshdlaw.com/site/divorce/division-of-retirement-benefits.html 2010-02-18T14:28:29Z

<img alt="" align="right" width="114" height="145" src="/uploads/3/Image/stock.jpg" />Aside from equity in the parties' home, the biggest asset many divorcing couples have are their retirement benefits.   If a person has been working at Ford, GE, etc. for 20 years, he or she will likely have accumulated a fairly sizeable amount of money in their pension, retirement plan, defined benefit plan, employee stock ownership plan (ESOP), defined contribution plan, savings and security plan, 401(k), annuity, etc.   <h4>How much of the retirement is marital?</h4> Marriage during all or part of the employee's tenure likely will make some or all of these retirement funds marital in nature.  Portions of the funds may be non-marital.  Our family law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane, LLC </a>can explain to you what portion, if any, of your retirement or your spouse's retirement should be considered as marital.   <h4>Are retirement benefits exempt?</h4> Certain retirement benefits may be exempt from division as a marital asset.  Again, our family law attorneys can discuss this with you in greater detail.   <h4>How are the retirement benefits distributed?</h4> After settlement is reached or a decision is obtained from the Court, it may be necessary for one of the parties' attorneys to draft a Qualified Domestic Relations Order (QDRO), which must be approved by the opposing party, then by the employer's Retirement Plan Administrator and finally, submitted to the Court for approval as an official order.  A certified copy of the QDRO then needs to be delivered to the Plan Administrator for implementation and distribution of the benefits to the other party.   Properly drafting a QDRO is a very tricky task and should only be undertaken by a fully qualified family law attorney.  The QDRO usually cannot be finalized until after the Court grants the divorce and dissolves the marriage.   <hr /> You deserve a divorce attorney with the knowledge and experience to protect your interests.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Marital Debts http://www.wtshdlaw.com/site/divorce/marital-debts.html 2010-02-18T14:29:13Z

In Indiana it is presumed that all marital debt belongs equally (50/50) to each spouse.  Marital debt is those bills that were incurred during the marriage.   <h4>How are the debts divided?</h4> The debt on the car or the house goes with whoever gets the vehicle or the residence.  Remaining debts are usually divided as equally as possible.  As you would expect, the spouse with the greater income often ends up with more debt.   Very simply, if you want or need debts assigned, you must provide the documentation to support your request.   <h4>Limit or prevent additonal debt</h4> A temporary order to limit the accumulation of new credit cards and debts should be seriously consider once the divorce is filed.   In some divorce cases, it may be very appropriate for your lawyer to immediately notify creditors about your divorce proceedings.  Even if the debts are assigned, there may be important actions to ensure their actual payment and your protection from collection and further indebtedness.   <hr /> Our divorce attorneys have answers to your questions.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law section of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Maintenance http://www.wtshdlaw.com/site/divorce/maintenance.html 2010-02-18T14:29:56Z

Maintenance is "spousal support" paid by one spouse to another (formerly and commonly known in some states as "alimony").   You must clearly understand that after your divorce, you and your spouse will not have as high a standard of living as you each had while married, especially if you are both employed at vastly different incomes.  However, the Courts long ago stated, "The Duchess should not be required to live on the wages of the scullery maid" after a divorce.  Casper v. Casper, 510 S.W.2d 253 (1974 Ky.)   <h4>Standard of living</h4> What was the standard of living established during your marriage?  "Standard of living" is basically a function of income and spending and a picture of how you lived.  Your attorney must therefore first know how much money you both earned in each year and how much you spent.  Again, accurate records are helpful.   Get out your checkbook register, your tax returns and your credit card statements.  With that information in hand, your attorney can help you gather the information and the supporting documentation needed to address your request for maintenance.   <h4>A spouse's special needs</h4> All of these special needs are expensive and many can be included in the calculation of maintenance in a divorce: <ul> <li>Do you have a serious medical condition which require on-going medical treatment?</li> <li>Are you learning disabled?</li> <li>Are you disabled in any other way?</li> <li>Are you receiving therapy, counseling or psychological care?</li> <li>Are you continuing your education?</li> <li>Are you a displaced homemaker?</li> <li>Will you require vocational rehabilitation before you enter today's workforce?</li> </ul>   <h4>Your medical records</h4> It is possible that your attorney will need to obtain a copy of your medical records from your doctor, psychologist, therapist or other provider to prove your claim for maintenance.   <h4>Important reasons to demand maintenance</h4> <ul> <li>Disparity of income and length of marriage which requires rehabilitation money to the disadvantaged spouse.</li> <li>Special circumstances during the marriage requires maintenance.</li> <li>Physical, mental or emotional disabilities which requires maintenance.</li> </ul>   <h4>Temporary maintenance</h4> Temporary maintenance is money paid while you divorce is pending.  You and your souse can decide how much that will be, or, if no agreement can be reached, the Court will decide at a hearing.  By definition, this type of maintenance ends when the divorce is final or sooner if so ordered by the Court.   It is important that your list of monthly living expenses be as complete as possible at the hearing for your request for temporary maintenance.  Also, at the conclusion of your divorce, the Court will use the list of your expenses, among other factors, in determining whether permanent or rehabilitative maintenance is appropriate.   It is difficult the Court that your permanent expenses are significantly different (either less or greater) than those you listed for your temporary maintenance hearing.   <h4>Rehabilitative maintenance</h4> Rehabilitative maintenance is money paid by one spouse to the other, usually in a relatively short-term marriage.  This is paid with the specific purpose to help the financially disadvantaged spouse get the training necessary to support himself or herself.  In Indiana, it cannot last more than three years.   Rehabilitative maintenance is often used to finish a college degree or gain specialized training in order to assit the disadvantaged spouse in become self-sufficient.   <h4>Permanent maintenance</h4> Permanent maintenance is just what is sounds like.  It is maintenance paid by one spouse to the other for life or for as long as the other spouse is disabled.  In this day and age, it is the exception rather than the rule.   Most divorce lawyers agree that they rarely see parmanent maintenance paid unless the spouse is disabled and the marriage is very lengthy.   <hr /> If you are thinking about divorce, our attorneys can help you find the solutions.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane</a> -- (812) 949-1114.  Weekend and evening appointments are available; major credit cards accepted.   Tax Liability http://www.wtshdlaw.com/site/divorce/tax-liability.html 2010-02-18T14:30:42Z

Taxes are a huge subject of debate in divorce. <ul> <li>Who is going to be responsible for paying taxes on this year's income?</li> <li>Who is going to claim the children as exemptions on this year's taxes?</li> <li>Should the parties file jointly or separately (assuming they are still technically married on December 31st)?</li> <li>What will happen to the refund on last year's or this year's return?</li> <li>Who will be responsible for preparing this year's tax return?</li> <li>Will maintenance be taxable to the recipient and deductible to the paying party?</li> <li>Will one party indemnify the other from liability on state, federal and local taxes?  (Particularly important if there is a business enterprise involved.)</li> </ul> <img alt="" align="left" width="110" height="73" src="/uploads/3/Image/j0316868.jpg" />These are only a few of the questions you need to review with your divorce attorney during the divorce process.  If you have a complex financial estate, you would probably be well advised to consult with your accountant or a tax attorney.   <hr /> You deserve a divorce attorney who cares about your case.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   High Conflict Divorce http://www.wtshdlaw.com/site/divorce/high-conflict-divorce.html 2010-02-18T14:31:25Z

Generally, divorces and other family law issues progress in one of two ways...they are either amicable (simple and easily handled) or high conflict, which means litigious, acrimonious, difficult, painful and expensive. It really seems there is very little middle ground.  But, this does not mean that taking the "low road" is the only way to go.   <h4>Amicable divorces</h4> In an amicable divorce, the husband and wife accept that the marriage is over and proceed in a respectful manner to divvy up their marital assets and debts.  If there are children involved, they are able to come to an agreement about what will be best for the kids and they move on with their respective lives with little acrimony between them.  The children have the advantage of growing up without listening to their parents complant about "your father did this" and "your mother won't do that."   Couples who dissolve their marriage without bitterness are usualy comfortable dealing with each other in the future as they continue to share a familial bond through their children because it is inevitable they will bump into each other at graduations, bar mitzvahs, baptisms, weddings, grandchildren's birthdays, etc.   <h4>High-conflict divorces</h4> <img alt="" align="left" width="120" height="121" src="/uploads/3/Image/conflict.jpg" />On the other hand, there are some couples who cannot resolve their differences without anger, resentment, bitterness, hatred, etc.  Many times intimidation, threats and even genuine violence are involved in high-conflict divorces as one or even both spouses tries to control the outcome.   A "War of the Roses" can ensue between the parties which is going to be expensive and hear-breakingly destructive to their children.  Such couples will often spend more than their children's college educations will cost to battle over ever possible slight or perceived disadvantage.   The damage of a high-conflict divorce spreads like an epidemic through the entire extended family and even to their friends, their business associates, etc.  Oftentimes, people in high-conflict divorces are never able to fully recover from the trauma.   <h4>How to deal with high-conflict divorces</h4> If you find yourself in a high-conflict divorce, we strongly urge to engage the services of a well-qualified therapist or counselor to help you sort out your emotions so you can stop letting them push you around and dictate your decisions.  Remember, lawyers generally make really bad therapists!  You need someone to talk to who has specific training in helping people through the difficulties of such situations.   <h4>Children and high-conflict divorces</h4> <img alt="" align="left" width="125" height="83" src="/uploads/3/Image/conflict%20child.jpg" />Current research shows divorce is not so bad for children, though obviously it creates difficulties for them.  But, after about 18 months, the children can usually move on, probably better than the adults fare.   The odds of children surviving a divorce with permanent emotional and psychological damage are far greater when the parents have gone through an acrimonious, embittered and litigious divorce.  Further, it is not just little kids, but teenagers as well who suffer in high-conflict divorces.   Retired family law judge and California Court of Appeals Justice Donald King is quoted as saying that "family court is where they shoot the survivors."  He was talking about high-conflict divorce cases.  But your divorce does not have to unfold this way.  Please investigate other options before declaring war in divorce court.   <hr /> If you are considering divorce, we can help guide you through the complex issues in your case.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the divorce attorneys of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted. Uncontested Divorces http://www.wtshdlaw.com/site/divorce/uncontested-divorces.html 2010-02-18T14:32:03Z

We frequently receive telephone calls from potential clients asking, "What do you charge for an uncontested divorce?"   Unfortunately, this question is generally impossible to answer right off the bat.  There are hundreds of variables which influence the cost of a divorce.   Sometimes we get a call from a person who say he (or she) wants an uncontested divorce because "I've decided what I'm going to give her (or him)."  Equally often, the other spouse has a somewhat different idea of what her or she is entitled to take from the marriage.  What does this create?  Conflict.  And if there is conflict, the divorce is not uncontested.   <h4>Details matter</h4> On the other hand, we get calls from people who say, "We've worked this all out.  We just want a divorce."  But, when we start asking questions about the division of debts, division of retirement and pension funds, the refinancing of the mortgage on the house, etc., we find that the parties usually have not thought this through quite as thoroughly as an experienced family law attorney and that maybe there are real issues that have not truly been agreed upon.   <h4>Representing both spouses</h4> "If we think we have it all worked out, can you represent both us?"  The short answer is "No!".  An attorney cannot represent both parties in a divorce and the Indiana Supreme Court agrees with this position.  Please proceed with caution if an attorney promises to represent both you and your spouse.   One attorney can, however, represent one of the parties while the other party can either proceed without legal counsel or, perhaps, engage an attorney only for the purpose of reviewing a settlement agreement.  This could save the parties a good deal of money in a low-conflict divorce.   <hr /> Considering divorce? We are committed to protecting your interests.  With so much at stake in your divorce you need experienced and knowledgeable attorneys.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointmens available; major credit cards accepted.   What Happens After Divorce? http://www.wtshdlaw.com/site/divorce/what-happens-after-divorce.html 2010-02-18T16:39:18Z

The legal and effective date of your divorce is the date the Court enters your Deree of Dissolution of Marriage.  Your attorney has probably provided you with a copy of your decree, as approved by the judge.  You should have also received a copy of any "Settlement Agreement", which was filed with the Court in your divorce. These documents should be kept in a safe place, among your other valuable records, for future reference.   There are quite a few things you need to attend to now that your divorce is final...   <h4>Transfer real estate</h4> If you were awarded real estate in the property division, a quitclaim deed from your former spouse to you should be drafted, executed and recorded with the County Recorder.  A copy of that deed should be forwarded to you when it is processed by the recorder.   <h4>Notify financial institutions</h4> You are personaly responsible for contacting all your banks, stock brokers, etc., concerning any changes that need to be made with any accounts, IRAs, CDs, etc., awarded to you in the divorce.   <h4>Insurance</h4> You need to contact your insurance companies (including life, household, automobile, health, fire, casualty and liability insurance companies) to make sure that the coverage and beneficiaries are appropriate pursuant to the terms of your divorce.   <h4>Estate planning</h4> We recommend that you draft a new Last Will and Testament promptly to reflect your current status and create or revise any trusts affected by your divorce.  You should also consider preparing a Durable Power of Attorney at this time or other Estate Planning technigues.  The <a href="http://www.wtshdlaw.com/site/practice-areas/estate.html">estate planning</a> attorneys of Waters, Tyler, Scott, Hofmann & Doane can help you.   <h4>Remove former spouse from joint accounts</h4> We also suggest that you remove your former's spouse's name from any joint-held accounts awarded to you, such as bank or savings accounts.  You may also need to determine whether any of the beneficiaries named on your retirement account needs to be changed as a result of your divorce.   <h4>Notify government about your name change</h4> We recommend you notify the necessary parties, including the Social Security Administration, if your name was changed as a result of the divorce.  You should obtain a new driver's license from the Indiana BMV and open new credit cards, especially if your former name has been restored to you.   <h4>Health insurance (COBRA)</h4> If you are required to cooperate in providing your former spouse with continuation/conversion application forms for health insurance or COBRA, you need to notify your employer immediately of your divorce so your employer can notify the insurance carrier within thirty days of the divorce.  You will need to provide your former spouse's current mailing address as well.  If you are required to provide health insurance for your minor child or children, you need to provide proof of health insurance.   <h4>Tax consequences</h4> We recommend that you consult with an accountant to obtain his/her advice on tax consequences and tax planning.  If you are receiving maintenance, remember that "spousal support" received is considered income for tax purposes.    You will  need to budget money for the payment of federal and state income taxes.  Quarterly estimated tax payments may be required.  We strongly advise you to consult with your accountant if you are receiving maintenance from your former spouse.   If you are receiving child support payments, that income is not currently considered taxable income by you and does not have to be declared as income on your tax returns.  If you are paying maintenance or spousal support, you are currently entitled to claim those payments as a deduction.  If you are paying child support, remember those payments are not tax deductible.   <h4>Social Security benefits</h4> If you were married for at least ten years prior to your divorce becoming final, you may be eligble for spousal Social Security benefits when you reach age 62, if you do not marry or for survivor benefits if your former spouse dies.  This will not affect your former spouse's benefits nor will it matter if or she has remarried.  Check with your local Social Security office for details and to compare this benefit to your own Social Security entitlement from your own employment.   <hr /> Our divorce attorneys have answers to your questions.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law section of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.         Surviving Divorce Seminar http://www.wtshdlaw.com/site/divorce/surviving-divorce-seminars.html 2010-02-18T23:44:17Z

Surviving divorce is a fear many people experience when contemplating divorce.  The attorneys at Waters, Tyler, Scott, Hofmann & Doane, LLC understand the stress and emotions our clients go through.   In order to help our clients navigate the divorce process, we have developed the seminar "Surviving Divorce: A guide to help you through an Indiana divorce."  For information about attending the seminar, please call (812) 949-1114 and ask for Karla.    We also make the seminar available on-line by doing the following: <ol> <li><a href="/uploads/3/File/Surviving%20Divorce%20Guide.pdf">Download</a> the manual in PDF; and</li> <li><a href="http://www.wtshdlaw.com/site/family-law-seminars/surviving-divorce.html">Listen</a> to the "Surviving Divorce" on-line seminar</li> </ol>   <img height="42" width="50" align="left" src="/uploads/3/Image/reader_icon_special.jpg" alt="" />To get the latest version of Adobe Reader, <a href="http://get.adobe.com/reader/">click here</a>.

Children and Child Support

Children and Child Support http://www.wtshdlaw.com/ 2010-02-18T14:35:52Z Children and Child Support http://www.wtshdlaw.com/site/child-support/children-and-family-law.html 2010-02-18T14:35:52Z

Children are impacted by many aspects of Family Law.  Most of the time, that impact is negative, particularly when: <ul> <li>Mom and Dad are getting a divorce and the children feel it's their fault.</li> <li>Dad and Mom have a fight, it gets physical and the children witness the domestic violence.</li> <li>The parents are frequently squabbling over the "little" things.</li> <li>Mom and Dad are already divorced, but there is so much animosity and bitterness between them that the children become alienated against one party or the other.</li> <li>Dad has custody of the children and Mom is supposed to pay child support.  If Mom is late with her payments, Dad talks badly about her in front of the children or argues with her in their presence.</li> <li>Dad's late with the child support.  He shows up to see the kids and Mom refuses to permit him to have visitation with them.</li> <li>Mom remarries and her new husband gets transferred to Texas.  She and Dad have joint custody of the children, but she is the primary residential custodian".  Mom decides to move to Texas with the children and her new husband, which effecitvely cuts off Dad's opportunities to see his children on a regular basis.</li> </ul>  The list goes on and on.   <hr /> You need an attorney who understands the impact of divorce on children.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the Family Law Attorneys at <a href="http://www.wtshdlaw.com/site/about/firm-overview.html">Waters, Tyler, Scott, Hofmann & Doane, LLC</a> -- (812) 949-1114.   Weekend and evening appointments available; major credit cards accepted.   Custody and Visitation http://www.wtshdlaw.com/site/child-support/custody-and-visitation.html 2010-02-18T14:36:40Z

<img alt="" align="left" width="130" height="195" src="/uploads/3/Image/children%20drawing.jpg" />Even though your marriage or relationship is dissolving, your role as a parent will continue. Your ability to sustain co-parenting after divorce and have a positive impact on your children is highly dependent on your ability to problem solve and communicate together on issues related to your children’s welfare. <div style="line-height: normal; margin: 0in 0in 10pt"> </div> The judge does not know you or your children. If you want them to appreciate your side of the case, you are going to have to provide details about you and your family. You must be able to back up that information with as much independent proof as possible. Your thoughts, feelings, beliefs and opinions are all valid. However, the court must base its decision on genuine evidence.   <h4>Types of custody</h4> The most common custody arrangement selected by the court is with both parents having <a href="http://www.wtshdlaw.com/site/child-support/joint-sole--shared-custody.html">legal custody</a> and one parent having <a href="http://www.wtshdlaw.com/site/child-support/joint-sole--shared-custody.html">primary physical custody</a>.  Joint <a href="http://www.wtshdlaw.com/site/child-support/joint-sole--shared-custody.html">legal custody</a> means the parents work together and consult with each other when it comes to major decision making for the children (i.e, religion, health care, education, etc.).  Meanwhile, the children live with the parent having <a href="http://www.wtshdlaw.com/site/child-support/joint-sole--shared-custody.html">primary physical custody</a> (custodial parent) and visit with the other parent (non-custodial parent).  The courts prefer this arrangement if possible. Sometimes the court will award one parent sole legal custody meaning that the non-custodial parent is not involved in major decision making.   <h4>Visitation</h4> <img alt="" align="left" width="130" height="130" src="/uploads/3/Image/Visitation.jpg" />The courts will usually grant the non-custodial parent visitation in accordance with the Indiana Parenting Time Guidelines.  <a href="http://www.in.gov/judiciary/rules/parenting/index.html">Click here </a>for the Indiana Parenting Time Guidelines.  Under the guidelines the non-custodial parent has the children least every other weekend from 6 P.M. Friday to 6 P.M. Sunday, with a rotation of traditionally celebrated holidays (Christmas, Hanukkah, New Years, Thanksgiving, birthdays, etc.), all or a portion of the children's spring breaks and a prolonged uninterrupted visitation period in the summer.  In addition, weekly Wednesday evening visitations are frequently awarded to non-custodial parents.   The guidelines are the minimum meaning that the court may grant more visitation if appropriate.  The courts also encourage the parents to reach a visitation arrangement through which both parents share the children.  Time sharing can be varied as the families that use it.  There is no “right” parenting schedule that fits all families or all age groups.    <h4>Restricted or supervised visitation</h4> Occasionally the court may restrict (supervise) or suspend the non-custodial parent’s visitation where the presence of the non-custodial parent in a child’s life places that child in clear and present risk of truly serious injury (sexual or physical abuse of a child, drug abuse, etc.). Again, it is very rare that the court goes to this extreme.   <hr /> If you have are need an experienced attorney to represent you in a child custody matter, <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">contact</a> the Family Law Attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Joint, Sole & Shared Custody http://www.wtshdlaw.com/site/child-support/joint-sole--shared-custody.html 2010-02-18T14:37:35Z

It is very important that you understand the differences between Joint Custody, Sole Custody and Shared Custody.   <h4>Joint Custody</h4> With Joint Custody, you and your spouse continue to share in decision making regarding the children's education, religious training, medical treatment and the like on an equal basis. It has nothing to do with the amount of time you will spend with your children.   <h4>Sole Custody</h4> With Sole Custody, the sole custodial parent has all the say-so and the opinions of the other parent have no legal weight. Current trends strongly disfavor sole custody as it is believed that such awards effectively strip the non-custodian of his or her parenthood. If you can't agree on custody, a mediator will probably be called upon to help you.   <h4>Shared Custody</h4> Shared Custody is distinguished from "Joint Custody" in that the former refers to an arrangement in which each parent has roughly equal periods of physical custody of the child. For Shared Custody to work, the parties must be able to cooperate with each other to a greater degree than that required by Joint Parenting and the parties should live within a close proximity of each other (to facilitate the child's school and interaction with friends and playmates).   <h4>Other Distinctions between Joint and Sole Custody <img alt="" align="right" width="130" height="127" src="/uploads/3/Image/Girl%20with%20paint.jpg" /></h4> There is another important legal distinction between joint custody and sole custody. This has to do with a custody fight that occurs sometimes after the divorce is final. In such situations, if a joint custody decree is in place, the "best interest of the child" standard is used to determine custody. Your lawyer will need to explain this dilemma to you in more detail. If, however, a sole custody order is in place after the divorce, the parent seeking the change in custody has the burden to show that the welfare of the child or children is seriously endangered. This is much more difficult to defeat.    <hr /> You need an attorney who understands the Indiana child custody laws.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the Family Law Attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler,</a><a href="http://www.wtshdlaw.com/site/about/">Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.    Child Support http://www.wtshdlaw.com/site/child-support/child-support-info.html 2010-02-18T14:38:24Z

<h4>Calculating Child Support</h4> Child support in Indiana is calculated pursuant to the Indiana Child Support Guidelines.  <a href="http://www.in.gov/judiciary/rules/child_support/">Click here </a>for the Indiana Child Support Guidelines.     In Indiana, child support obligations are established and/or modified using a statutorily established set of guidelines. Obligations are to be set in accordance with the guidelines table unless extraordinary circumstances exist.  Extraordinary situations are to be handled at the discretion of the court.   The Indiana Supreme Court provides all the information and forms you need to do a rough calculation of child support obligations in your situation.  <a href="http://www.in.gov/judiciary/childsupport/">Click here </a>for forms, worksheets, child support calculator and help with calculations.   To determine the amount of child support obligations, Indiana uses the income of both the custodial parent and the non-custodial parent and considers other factors such as medical insurance, maintenance payments, child care and support for prior born children.    The child support calculations completed applying the parties' combined joint monthly incomes (adjusted by their contributions toward health insurance, maintenance payments, child care expenses, support for older children from other relationships, etc.).      <div style="line-height: normal; margin: 0in 0in 10pt"> </div> <h4>Modifying Child Support</h4> Once an obligation has been established by the Court or the parties' agreement has incorporated into a Court Order, child support can later be modified.  However, there are certain minimum requirements for making such changes.   The reduced or increased child support obligation must reflect at least a 20% change (plus or minus) in order to be modified and the changes in circumstances must be "substantial and continuing".  A lay-off or job termination, for instance, is not considered "continuing" as the parent is expected to seek and obtain other employment or to return from lay-off.  Retirement or a permanent health condition which prevents a parent from working (long-term disability) may be justification for modifying the parties' respective child support obligations. <div style="line-height: 11.25pt; margin: 0in 0in 10pt"> </div> <div style="line-height: normal; margin: 0in 0in 10pt"> </div> <h4>Collecting Child Support</h4> For information about enforcement and collection of child support obligations owed to you, <a href="http://www.in.gov/dcs/2429.htm">click here </a>for the website of the Indiana Child Support Bureau.   If you live in Floyd County, Indiana, and someone owes you back child support, you need to contact: <div style="line-height: normal">Floyd County Prosecutor 311 Hauss Square Room 249 New Albany IN 47150</div> <div style="line-height: normal">Child Support Division Ph#812-948-5475</div> <div style="line-height: normal"><a href="http://floydcountyprosecutor.org/child-support-division/">Click here </a>to visit to the website.</div> <div style="line-height: normal"> </div> <div style="line-height: normal"> </div> <div style="line-height: normal; margin: 0in 0in 10pt">If you live in Clark County, Indiana, and someone owes you back child support, you need to contact:</div> <div style="line-height: normal">Clark County Prosecutor</div> <div style="line-height: normal">County Building</div> <div style="line-height: normal">501 East Court Ave.</div> <div style="line-height: normal">Jeffersonville IN 47130</div> <div style="line-height: normal">Child Support Division</div> <div style="line-height: normal">Ph#812-285-6261</div> <div style="line-height: normal"><a href="http://www.clarkprosecutor.org/html/child/child.htm">Click here </a>to visit the website.</div> Impact of Domestic Violence http://www.wtshdlaw.com/site/child-support/impact-of-domestic-violence.html 2010-02-18T14:39:16Z

<a href="http://www.wtshdlaw.com/site/domestic-violence-section/">Domestic violence</a> in your home may be an important element of your custody case.<img alt="" align="right" width="130" height="196" src="/uploads/3/Image/Impact%20of%20Domestic.jpg" />   When children are eye witnesses to domestic violence, psychologists' reports and specific medical opinions may be required as verification of the event and its impact upon them.   Allegations of domestic violence in the home may be severe enough to persuade the Court to prohibit a non-custodial parent's visitation with his or her minor children. For instance, if your spouse has an alcohol or drug addiction, we need to know about his or her Public Intoxication or DUI arrests. If your spouse has physically abused you, we need to know about any Emergency Protective Orders you have had to obtain.   People are often embarrassed about allowing physical abuse to go on for years. Please don't be. This is very common. It will help all concerned if you tell the truth in this area. Your lawyer can help you get to the people who can help.   If domestic violence is an issue in your situation, or if you have questions about domestic violence, please <a href="http://www.wtshdlaw.com/site/domestic-violence-section/">click here</a> to visit our web pages that address that situation specifically.   <h4>Other Custody Factors</h4> If you or your spouse have been or are under a doctor's care for physical or mental health problems, your lawyer must know this in order to present it to the court in the proper way.   Your lawyer also needs to know the positive information about the roles you and your spouse take as parents. No one is "all good" or "all bad". It is not illegal to have an extremely disagreeable temperament, although there are times we all think it should be.   Finally, there are the children. The court also needs to know all you can tell it about them. The court must award custody and visitation as measured by the best interest of the children, not the best interests, fears or wishes of the parents.   What you and your spouse want to happen with the children is only one of the many factors the court considers. It is important to try to resolve the custody of your children by agreement.   <hr /> If you or your children are victims of domestic abuse, our family law attorneys can help.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law section at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Relocation Issues in Child Custody http://www.wtshdlaw.com/site/child-support/relocation-issues-in-child-custody.html 2010-02-18T14:40:03Z

The issues surrounding the relocation of custodial parents require significant attention in today's mobile society. Almost two-fifths of divorced women move in the first year after divorce. This rate is nearly seven times the rate of married women, and it is important to remember the majority of these relocation decisions are motivated by necessity rather than choice. <div style="line-height: normal; margin: 0in 0in 10pt"> </div> <img alt="" align="left" width="130" height="174" src="/uploads/3/Image/relocate.jpg" />In the past, the decision to relocate almost automatically placed the custody of the children at risk. Non-custodial parents, moving for a change in custody, often argued successfully that a move would significantly and detrimentally affect the best interests of the child by depriving the child of the benefits of two accessible parents.   Unless the former spouse consented to the relocation, the burdens of litigation and delay imposed on the custodial spouse seeking to relocate sometimes seemed greater than the difficulty imposed to relocate a criminal subject to probation or parole supervision. Currently, however, the trend is to allow relocation as long as it is not motivated by the desire to deprive the non-custodial parent of parental contact.   Nevertheless, it remains critical for both the custodial and non-custodial parents to understand the factors that the courts will consider when entertaining a motion to change custody based on plans to relocate. In a recent case, the California Supreme Court held that a custodial parent had a presumptive right to change a child's residence as part of "the ordinary needs for both parents after a marital dissolution to secure or retain employment, pursue education or career opportunities, or reside in the same location as a new spouse or other family or friends."   Even the courts recognize that it is unrealistic to daily micromanage a family. Given the importance of the stability of custodial relationships and visitation, persons resolving a divorce should try to anticipate possible relocation.   The language in your divorce agreement should address this very important issue, even if a relocation is not immediately on the horizon for either parent.  Indiana requires notice to the custodial parent and court if you intend to relocate.  You should consutl an attorney before relocating. <div style="line-height: normal; margin: 0in 0in 10pt"> </div>   <hr /> If you or your spouse are considering relocating with the children, you should consult an experienced family law attorney.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.

Post-Divorce

Post-Divorce http://www.wtshdlaw.com/ 2010-02-18T14:41:10Z Post-Divorce http://www.wtshdlaw.com/site/post-divorce-section/post-divorce.html 2010-02-18T14:41:10Z

The entry of a Decree of Dissolution of Marriage does not necessarily put a final end to all legal issues arising out of your past marriage.   First, there are many things that you will need to take care of personally (i.e., changing your name on your social security card and your driver's license, closing your joint bank accounts and opening new ones in your own name, and so forth).   You and your spouse may have reached a full and final settlement of all of the issues in your divorce.  But, what if your ex-spouse does not keep his or her end of the bargain?   And then there are the children!  Situations and circumstances change and the obligation you and your former spouse share with respect to the children are going to continue for a very long time.   Under certain circumstances, it is possible to re-visit custody and support issues after the divorce is final.  The most frequent post-divorce actions involve: <ul> <li><a href="http://www.wtshdlaw.com/site/post-divorce-section/modification-of-custody.html">Modification of Custody</a></li> <li><a href="http://www.wtshdlaw.com/site/post-divorce-section/modification-of-child-support.html">Modification of Child Support</a></li> <li><a href="http://www.wtshdlaw.com/site/child-support/relocation-issues-in-child-custody.html">Relocation Issues</a></li> <li><a href="http://www.wtshdlaw.com/site/child-support/child-support-info.html">Child Support Arrearages</a></li> </ul>   <hr /> If you think you have a valid post-divorce issue, you consult our experienced attorneys.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the Family Law Attorneys at <a href="http://www.wtshdlaw.com/site/about/firm-overview.html">Waters, Tyler, Scott, Hofmann & Doane, LLC</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Modification of Custody http://www.wtshdlaw.com/site/post-divorce-section/modification-of-custody.html 2010-02-18T14:42:08Z

It is possible to obtain modification of a prior custody order.  But, there are several specific hurdles which must be cleared to accomplish such a change.   <h4>The factors the Court considers</h4> The Court may only modify a child custody order if modification is in the best interest of the child and if there is a substantial change in one or ore of the factors the Court is to consider in making its initial custody award in determining whether to change custody.  Those factorss are:   <ol> <li>The age and sex of the child.</li> <li>The wishes of the child's parent or parents.</li> <li>The wishes of the child, with more consideration given to the child's wishes if the child is at least 14 years of age.</li> <li>The interaction and interrelationship of the the child with: the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interests.</li> <li>The child's adjustment to the child's home, school and community.</li> <li>The mental and physical health of all individuals involved.</li> <li>Evidence of a pattern of domestic or family violence by either parent.</li> <li>Evidence that the child has been cared for by a de facto custodian.</li> </ol>   <h4>Stability for the child</h4> <img style="width: 180px; height: 120px" alt="" align="right" src="/uploads/3/Image/Stability%20for%20Child.jpg" />Even under the "lessened" standard for modification of custody, the Court is to provide as much stability as possible for the child.  The Court is to apply a more stringent standard to requests for modification than it is to intitial determinations for custody.  The person seeking modification must show that the existing custody arrangement is unreasonable.  The Court is to aim for continuity and stability in the life of the child in considering changes in custody.   <h4>Burden of proof</h4> The party seeking modification of custody has the burden of proof.  A party seeking to terminate visitation has the burden of proving that the child's physical health or emotional development is endangered by the visitation.   The modification standard is very high in order to achieve permanence and prevent the child from going back and forth between parent's homes.   <hr /> You need a family law attorney who understands the Indiana child custody laws.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law section at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Modification of Child Support http://www.wtshdlaw.com/site/post-divorce-section/modification-of-child-support.html 2010-02-18T14:42:50Z

If you or your formal spouse (or other parent of a child) experience a "substantial and continuing change in circumstances", you may be able to petition the court to reconsider your child support payments. This is generally deemed to mean at least a 20 percent permanent increase or decrease in income and its been at least 12 months since the last support order was issued.  It does not include a loss of employment, layoff or voluntary underemployment.   <a href="http://www.wtshdlaw.com/site/child-support/child-support-info.html">Click here</a> for<a href="http://www.divorceinkentucky.com/childsupport.htm#Modification of Child Support (Increases and Decreases)"> </a>our Child Support page of our website for more information on the calculation of new child support obligations based on substantial and continuing changes in circumstances.     <hr /> If you believe that you or the child's other parent have experienced a "substantial and continuing change in circumstances" as described above, you should <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">contact</a> to the experienced Family Law attorneys at <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114; Weekend and evening appointments available; major credit cards accepted.

Domestic Violence

Domestic Violence http://www.wtshdlaw.com/ 2010-02-08T21:28:23Z Make a Domestic Violence Plan http://www.wtshdlaw.com/site/domestic-violence-section/make-a-domestic-violence-plan.html 2010-02-08T21:28:23Z

While you may not be able to predict or control your partner's violence, you can plan the most effective way to respond to violence.  You should make a domestic violence safety plan.  Review your plan periodically and modify it according to your needs and circumstances.  Carefully choose and guard your hiding place for this safety plan to prevent your partner from learning in advance of your plans.   For a domestic violence plan from the American Bar Association, <a href="http://www.abanet.org/tips/publicservice/DVENG.pdf">click here</a>.  Print it and keep it somewhere safe and review it often.   <hr /> If you are victim of domestic violence in southern Indiana, our family law attorneys can help you through the legal process.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law section of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.       How To Take Out An EPO http://www.wtshdlaw.com/site/domestic-violence-section/how-to-take-out-an-epo.html 2010-02-11T14:31:12Z

Victims of domestic or family violence, stalking or a sex offense may request a protective order against the alleged perpetrator, called the Respondent.  In the case of domestic violence or family violence, the victim and the Respondent must have a certain type of relationship including: current or former spouses; individuals that have dated or had a sexual relationship; individuals related by blood, adoption, marriage or other established legal relationship; individuals who have a child together or are the child of any type of relationship previously described.   <h4>Emergency Protective Order.</h4> An emergency protective order or EPO may be issued ex parte, meaning without a hearing or notice to the Respondent.  A hearing must be held within 30 days if there is a request for the following: to evict the Respondent from the victim's home; possession of personal property; to establish r ules for parenting time; to request that the Respondent pay child support or attorney fees; or to forbid the Respondent from possessing a firearm, ammunition or deadly weapon.   Once issued, protective orders normally last for 2 years and can be extended by the Court if necessary.  During this time period, the Respondent may be restrained from committing further acts of abuse or threats of abuse to the victim, prohibited from having a gun and/or restrained from any contact with the victim or other protected person or places.   Neither a protective order or an emergency protective order is bullet-proof.  That piece of paper cannot save your life!  It can, however, empower the authorities to take your partner into police custody if he/she is threatening you or otherwise violating the order.  If you are a victim, you should also consider making a domestic violence plan.   If you require a protective order, you should contact the Clerk's office in the county where you live.  <a href="http://www.in.gov/judiciary/forms/po.html">Click here </a>for the forms you need for filing with the Clerk's office.   <h4>Remember, if you are in genuine risk of injury through domestic violence, call 9-1-1.</h4>   <hr /> If you are victim of domestic violence in southern Indiana, our family law attorneys can help you through the legal process.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the family law section of <a href="http://www.wtshdlaw.com/site/about/">Waters, Tyler, Scott, Hofmann & Doane </a>-- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.   Domestic Violence http://www.wtshdlaw.com/site/domestic-violence-section/domestic-violence.html 2010-02-18T14:44:14Z

The <a href="http://www.ndvh.org/">National Domestic Violence Hotline</a> defines domestic violence as a "pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner." Regardless of the definition, if you are in an abusive relationship or situation, you must seek out the resources you need to protect yourself and your children from abuse.   <h4>You may be in an emotionally abusive relationship if your partner:</h4> <ul> <li>Calls you names, insults you or continually criticizes you.</li> <li>Does not trust you and acts jealous or possessive.</li> <li>Tries to isolate you from family or friends.</li> <li>Monitors where you go, who you call and who you spend time with.</li> <li>Does not want you to work.</li> <li>Controls finances or refuses to share money.</li> <li>Punishes you by withholding affection.</li> <li>Expects you to ask permission.</li> <li>Threatens to hurt you, the children, your family or your pets.</li> <li>Humiliates you in any way.</li> </ul> <h4>You may be in a physically abusive relationshiop if your partner has ever:</h4> <ul> <li>Damaged property when angry (thrown objects, punched walls, kicked doors, etc.)</li> <li>Pushed, slapped, bitten, kicked or choked you.</li> <li>Abandoned you in a dangerous or unfamiliar place.</li> <li>Scared you by driving recklessly.</li> <li>Used a weapon to threaten or hurt you.</li> <li>Forced you to leave your home.</li> <li>Trapped you in your home or kept you from leaving.</li> <li>Prevented you from calling police or seeking medical attention.</li> <li>Hurt your children.</li> <li>Used physical force in sexual situations.</li> </ul>   If you answered "yes" to any of these questions you may be in an abusive relationshiop.  Please call the <a href="http://www.ndvh.org/">National Domestic Violence Hotline</a> at 1-800-799-SAFE (7233) or in southern Indiana the <a href="http://www.thecenteronline.org/">Center for Women & Families</a> at (812) 944-6743 (24 hours) your local domestic violence center to talk with someone about your situation.   Physical abuse includes putting your hands on a person against his/her will.  It also includes shoving, pushing, grabbing, pulling or forcing someone to stay somewhere.  Regardless of the relationship between two people, using physical violence or force against someone is a crime.   Emotional abuse is where one partner continously degrades or belittles the other ot accuses the other of being stupid, unattractive, a bad parent, unfaithful or any other similar fault - can indicate domestic violence or the potential for domestic violence.   Domestic violence impacts chidren even if they are never physically injured by it.  Children who witness domestic violence often suffer behavioral and cognitive problems.  Boys, especially, are more likely to be aggressive and engage in criminal behavior if they grow up in homes where domestic violence exists.   <hr /> If you are a victim of domestic violence in southern Indiana, you should consult an experienced attorney.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the Family Law Attorneys at <a href="http://www.wtshdlaw.com/site/about/firm-overview.html">Waters, Tyler, Scott, Hofmann & Doane, LLC</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.

Resolution Options

Resolution Options http://www.wtshdlaw.com/ 2010-01-09T13:37:04Z Litigation http://www.wtshdlaw.com/site/resolution-options/litigation-info.html 2010-01-09T13:37:04Z

In the old day (40 years ago), divorce clients were at the mercy of the judicial system as there were few options to full-blown, no-holds-barred litigation.  This method is expensive, lengthy and exhausting for everyone involved.  The litigants have relatively little controt over the outcome and their atorneys must go to the ends of the earth to prove their case to the judge.   If you and your spouse cannot settle your case, it will go to trial.  At trial you each tell your story to the judge.  It is told through your testimony, the testimony of other witneses, and documents called exhibits.   Trial will be expensive (both from monetary and emotional standpoints).  However, it can be the only acceptable alternative to never-ending, unreasonabe settlement demands or a party's refusal to negotiate in good faith.  Still, trials are risky.  No lawyer can predict the outcome of a trial because every case is different.  A judge -- a stranger who likely has a viewpoint, temperament and values very different from yours -- unilaterally decides how you and your spouse are going to rearrange your lives, divides your income and assets, and dictates when each of you may see your children.   Sometimes, a trial does not end the case.  Multiple appeals are possible (both in the trial court and in the appellate courts).  Appeals add even more time and expense to the divorce process and are usually difficult to win.   "So what are my options if I don't want to go through litigation?" Over the course of the last 10 years, the evolution of Alternative Dispute Resoluttion ("ADR") has given us specialized techniques to help resolve your divorce without litigation through mediation or arbitration.  All of them are available to help efficiently and expeditiously resolve dissolution of marriage, custody disputes, division of property, responsbility of debts, visitation and parenting issues, etc.  In all likelihood, one of these methods is right for your situation.      Arbitration http://www.wtshdlaw.com/site/resolution-options/arbitration-family.html 2010-01-09T13:03:49Z

In arbitration, an arbitrator is empowered by the parties to make a decision on the resolution of the case, which is fully binding upon the parties in much the same way as the Court's decision.  Arbitration in Family Law is conducted by an independent third party, usually an attorney with many years of Family Law experence.   The setting of an arbitration is generally more formal than in mediation.  The arbitrator will conduct the session in much the same way as a court hearing, with specific time limits for each party's proof to be presented and their arguments made.   Unlike mediation, the parties and their counsel give the arbitrator the authority to render a binding decision, which will have the same authority and power as a court order and which will be enacted by the court through approval of the decision as an order of the court.   In arbitration, the parties do not have the power to participate in the decision-making process but, rather than endure months of delay before getting a court date, they can engage an arbitrator who will tender his decision in a much shorter period of time.  A speedy date is the primary advantage of arbitration.     Mediation http://www.wtshdlaw.com/site/resolution-options/mediation-family.html 2010-02-11T14:48:55Z

With today's court caseload, the cost of protracted litigation and the emotional toll of a full-blow divorce or custody battle, and you will quickly realize there must be a better way to end a marriage.   After you come to the realization that nobdoy wins in a divorce, after you understand that protecting and nurturing your children should be the primary goal, and after you consider who will most likely walk away with what and who will have to pay what, then you should be in a position to realize the potential benefits of resolving your divorce through mediation.   <h4>What is mediation?</h4>  Mediation is commonly defined as:   "An informal process in which a neutral third party or persons called a mediators act to facilitate the resolution of a dispute between two or more parties.  The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute.  Mediation is based on principles of communication, negotation, facilitation, and  problem-solving that emphasize the needs and interests of the participants; fairness procedural flexibility; privacy and confidentiality; full disclosure; and self determination.  Decision-making authority remains at all times with the parties, not the mediator."   It is common practice in southern Indiana for the Courts to compel the parties to attempt mediation before a divorce trial will be scheduled.   <h4>Why mediate our differences?</h4>  With the help of an independent third party -- the mediator -- the divorcing couple can usually determine the issues that are really important to them and negotiate arrangements that come out of their own specific needs.  A mediated resolution often costs less, takes less time and is usually less painful.  It is always faster than waiting for your day in court.   We are not proposing that any divorce be undertaken without the aid and guidance of a competent family law attorney and who spends a considerable amount of time staying up-to-date on developments in this ever-changing area of practice.   Competent, reliable, knowledgeable legal counsel is still important, even if you and your spouse opt to attempt mediation.  For one thing, only your attorney can draw your attention to important matters that might have slipped by you that will require mediation or adjudication.  Mediators cannot look after your best interests -- their goal is to settle the case.   <h4>What are the advantages of mediation?</h4>  Research has found that it takes approximately two (2) years following a divorce to recover from the overall stress and trauma -- even longer if high conflict was involved.   Poor communication between spouses is one of the most common reasons for divorce.  The time to begin practicing good communication with your sposue is usually not when you are both in the throes of a bitter and acrimonious divorce battle. Divorce mediators are specially trained, frequently being retired judges or experienced family law attorneys who have committed themselves to helping people just like you resolve disputes.   Successful mediation can improve the former spouses' relationship to the level that future communication is possible when they must deal with each other regarding the children of the marriage.   Although you may divorce your spouse, you will always be connected to him or her through the children.  Children are defenseless when they are caught between battling parents.  Mediation can be successful in focusing the parties' attention on what should be the primary objective: the future care and well-being of the children.   So often, divorce seems to be all abuot who's going to walk away with what and the children are sometimes regarded as the "spoils of war" -- something to be "awarded" to the victor.  Rational parents recognize that this attitude does nothing but damage the children through the strain it puts on your relationship with your former spouse and the children's relationship with their other parent.   If the mediator is open and supportive of the parties, the process can have benefits that are not possible in litigation.  Mediation allows clients to make use of their own values, goals and priorities to "custom build" a divorce agreement, tailor-made to suit their needs and legal rights.   <h4>When is mediation not advisable?</h4>  If you are victim of domestic violence at the hands of your spouse and your spouse's attorney suggests or the court orders mediation, be absolutely certain your attorney fully understands the abuse you have suffered.   Mediation is generally not advisable when domestic violence is or has been present, although it is sometimes successful when the parties are kept isolated from one another and the mediator works by going from room to room, visting the respective parties and their attorneys.   <h4>How does mediation work?</h4> When the parties agree to mediate or when the court orders mediation, a neutral third party specially trained and qualified to assist domestic relations dispute resolution will be chosen by the parties or appointed by the court.   An appointment will be scheduled for the mediation session.  The mediator will explore the following: <ul> <li>Defining the parties' issues and setting an agenda</li> <li>Uncovering hidden interests</li> <li>Generating options for settlement</li> <li>Conducting final bargaining between the parties</li> </ul> The mediation process is sometimesy conducted with both parties and their respective attorneys being in the same room.  Often the session is conduced with the parties in separate rooms.         Resolution Options http://www.wtshdlaw.com/site/resolution-options/intro to resolution options.html 2010-02-18T14:47:30Z

Today, family law clients in Indiana have many options in choosing how they want to resolve their disputes.   Your resolution options include: <ul> <li><a href="http://www.wtshdlaw.com/site/resolution-options/litigation-info.html">Litigation</a></li> <li><a href="http://www.wtshdlaw.com/site/resolution-options/mediation-family.html">Mediation</a></li> <li><a href="http://www.wtshdlaw.com/site/resolution-options/arbitration-family.html">Arbitration</a></li> </ul>   <hr /> An experienced family law attorney can help you resolve your domestic relation dispute.  <a href="http://www.wtshdlaw.com/site/contact/contact-form.html">Contact</a> the attorneys at <a href="http://www.wtshdlaw.com/site/about/firm-overview.html">Waters, Tyler, Scott, Hofmann & Doane, LLC</a> -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.

Overview