Indiana Family Lawyer Blog

By: Clarissa Finnell

Almost every meeting with a new divorce client starts with a recitation of all the reasons that the parties are getting divorced. High on that list is infidelity. Clients will provide me with loads and loads of evidence that their spouse is cheating and are surprised to find out that all this "proof" of infidelity is unlikely to impact their divorce. Indiana is a no-fault divorce state which in basic terms means that the reason the parties are divorcing is not a factor considered by the court when dividing up the parties' assets and debts. The reason or grounds for divorce that is most commonly used in Indiana divorce petitions is that there has been an "irretrievable breakdown" in the marriage. It is important to know that there does not have to be a consensus on whether the marriage is "irretrievably broken". As long as one party alleges that it is "broken", the divorce can be granted.

So, does this mean that your spouse's cheating will never be relevant in a divorce proceeding? Not necessarily; there are a couple of incidents where it may play a factor. The first is dissipation. There is a presumption in Indiana that all marital assets and liabilities be divided equally. There are several ways that you can rebut that presumption. Dissipation is a factor that the court may consider when deciding to divide the marital estate. If you can show that your spouse used marital assets on another person during your marriage that may be considered dissipation. For example, spending money on travel or gifts for the "other" woman or man may be considered dissipation and warrant a deviation from the presumptive 50/50 division.

In addition to being a factor considered in the division of property, a significant other may be a factor in a custody determination. The court will not correlate one's fitness to be a parent with their faithfulness as a spouse. However, the court may consider the parent's judgment with respect to when and if they introduce their children to the other person. Generally, it is not wise to introduce children to a new girlfriend or boyfriend too soon after the separation. The Court would also be concerned about the parent's judgment if their new significant other poses a danger to the children. Exposing the children to someone who is abusing alcohol or drugs or that has a history of abusing children, would impact a custody determination.

Although the law in Indiana does not take punitive measures against the cheating spouse, there are limited circumstances where it may be a factor in the divorce process. As these cases are fact sensitive, it is always a good idea to discuss the specifics of your case with an attorney to determine what if any relevance your spouse's actions will impact your divorce.

The attorneys at Harden Jackson practice exclusively in the area of family law and are skilled at handling any type of family law case. While divorce and legal separation are the more common areas of practice, we have extensive experience with custody, child support, pre/post-marital agreements and more.

If you have questions about divorce in Indiana or other family law matters, please contact Harden Jackson Law.

Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation.

Once you have chosen the right the right family law attorney for you, there are essential pieces of information that you should share with your attorney immediately to help you with a positive outcome.

1. Disclose any disparaging allegations from the opposing party. Be up front about what your soon-to-be ex is saying about you. Whether true or not, if he/she is making claims about your behavior or actions, it is in your best interest to tell your attorney about this. Your attorney can prepare to respond to these allegations.
2. Disclose your basic financial information. This includes your income, debts and assets. Financial issues are typically a determining factor on whether your case will need to go to litigation or can be settled.
3. Names and ages of your children. Also, tell your attorney if any of your children have special needs or anything else that should be taken into consideration when it comes to parenting time or future financial support of your children.
4. Disclose the case history. Are there upcoming hearings for this case? Are we the first attorneys to represent you for this matter? Have you tried to modify the agreement in the past? This information will assist your attorney with advising you on your path forward.
5. Your goals. What outcome would you like from this situation? What are your ideas around asset division or parenting time? The better you can communicate this to your attorney, the sooner they can begin to work on a solution for you.

At HARDEN JACKSON, LLC, our entire practice is devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law.
Our services are designed to provide expert guidance, tenacious advocacy, and effective solutions that ensure you can continue your journey with confidence that you have obtained the best outcome for you and your family. We are experienced, seasoned litigators and advocates. We are skilled negotiators, including registered mediators. We are an assertive, effective team of attorneys providing comprehensive services.

If you have questions about divorce or other family law matters, please contact Harden Jackson Law.

Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation.

One of the first questions we get from prospective clients inquiring about divorce is "How much money will my divorce cost?" This question is tough to answer. There are so many extenuating circumstances that can affect your legal costs in divorce. There ARE ways to minimize legal fees and maintain control over the terms of your divorce. At Harden Jackson Law, we encourage spouses to avoid litigation and consider alternatives such as mediation or collaborative law. Both are less expensive than traditional divorce litigation, but each alternative method still provides a structured, legal process to work out detailed terms. However, there are many situations that aren't suitable for collaborative law or mediation. Here are a few tips to minimize your legal costs in your divorce:

• Speak directly with the opposing party. Don't reach out to your attorney with disputes that could be sorted out between the parties, particularly if it is a parenting time issue that is already addressed in the Indiana Parenting Time Guidelines (IPTG).
• Disputes over minor property issues (like movies, sporting equipment, kitchen stuff) are not cost effective. If it costs more for your attorney to fight over a particular item than it would be to replace it, then it may not be worth fighting over unless there is a sentimental attachment.
• Organize discovery responses on your own. Clients who do their own due diligence and send back organized documents and responses are rewarded by not having their attorney incur bills to get everything together.
• Be timely with information requests. Having your attorney keep reminding you to send documents only incurs more fees. In fact, the cheapest option is an informal discovery where the parties are organized enough to get their financial documents exchanged without the need to request it.
• "Sleep on it". Don't make emotional decisions. If opposing counsel sends an offer or a response, wait to respond when emotions have died down. Spending a lot of time crafting a response while emotions are high cost money and may even lead to regret.

At HARDEN JACKSON, we want all of our clients to be satisfied with the fees charged relative to the services provided. It is appropriate and important to discuss fees with your prospective attorney during your consultation and throughout the process of your case. You are entitled to an estimation of potential total costs related to your particular situation. For more information on divorce in Indiana or your family law situation, contact Harden Jackson Law.

The new book released this week from New York Times bestselling author, M. Gary Neuman discusses the long-lasting negative impact divorce has on children caught in the middle of the 'irreconcilable differences. The book is titled, The Long Way Home: The Powerful 4-Step Plan for Adult Children of Divorce.

According to the book description, millions of adults were children of divorce--and while a few have found closure and healing, many continue to struggle with the trauma of their parents' divorce, commonly even 20, 30, or 40 years after it happened. If you are experiencing some of the common reactions to divorce, including issues of trust, ongoing sadness, and the feeling that you can't shake your past, then you are likely still suffering from the pain of your parents' divorce. This book is designed to help you rebuild your past, regardless of how long you have felt unable to do so. Licensed family counselor Gary Neuman has worked successfully with many adult survivors of parental divorce. In this book, he presents a new, proven program to help you see and understand your past in order to let go of the pain of your parents' divorce and transform both your present and your future.

Neuman recently conducted a study of 379 children of divorce. The startling results are below:

• 89 percent believe their parents' divorce clearly had a negative impact on their life, while 45 percent label the impact as severe.
• 80 percent have experienced severe sadness or depression.
• 72 percent feel their parents' divorce impacted their ability to sustain close relationships.
• The majority feel their parents' divorce has undermined their self-confidence and ability to trust.

The study doesn't speak to how the children fared with the tension in the household before the divorce. Was it a high-conflict household? Did the divorce reduce the conflict in the house? Did the children have any negative effects from conflict that led to the divorce? Divorce is going to happen, and so will other bad or negative things that may impact our children. How can parents support and nurture our children to better handle divorce or other hurts in this world?

Do you have questions about divorce or how to help your children through this difficult time? Contact Harden Jackson

Divorce is tough. For most people, it brings up ideas of adversarial court battles, custody disputes and angry spouses. But divorce does not always have to mean war. Created in the 1980s, the collaborative divorce concept has slowly but surely gained popularity for couples who want to maintain peace in their family, even during a divorce. While the concept is still taking off in Indiana, collaborative law can be a great alternative to the "typical" divorce litigation process.

Collaborative Law is an alternative dispute resolution process in which the parties retain separate attorneys whose primary function is to help them reach an agreed settlement. The parties and their attorneys collaborate in good faith, and commit to communicate respectfully and honestly to represent the legitimate needs of both parties. The parties agree not to litigate, nor threaten to do so, and if that should occur, the Collaborative Law process terminates and both attorneys are disqualified from any further involvement in the case. Attorneys hired for a Collaborative Law matter cannot continue to represent their respective clients in a litigated case.

Collaborative Law is not the best option for everyone. The best candidates for the collaborative process are parties who:

a. Want a civilized, respectful resolution of the issues.
b. Would like to keep open the possibility of a friendship with the other party.
c. Will be co-parenting children together and want the best co-parenting relationship possible.
d. Want to protect their children from the harm associated with protracted, contested litigation.
e. Have a circle of friends and family in common.
f. Have ethical or spiritual beliefs that place high value on personal responsibility and integrity.
g. Value privacy in personal affairs.
h. Value control and autonomous decision-making and do not want to hand over decisions about financial distribution and/or child-rearing arrangements to a stranger (i.e., a judge).
i. Recognize the restricted range of outcomes generally available in the court system, and want a more creative and individualized range of choices available for resolving your issues (provided such are compliant with all rules and guidelines).
j. Place as much or more value on the relationships that will exist in the restructured family situation versus a priority of obtaining the maximum possible amount of assets.
k. Understand that conflict resolution with integrity involves achieving mutual, reasonable goals.

If you are considering divorce, find out if Collaborative Law is right for you and your family.

For more information about collaborative divorce in Indiana, contact Harden Jackson Law at www.hardenjacksonlaw.com or 317.569.0770

By: Amanda Glowacki

I, like many others, have a guilty habit of looking at the tabloids in line at the supermarket. A couple weeks ago I was browsing some of the celebrity tabloids and came across a headline on Kim Kardashian's pregnancy and new boyfriend Kanye West. Per the headline, Kanye was furious that Kim's divorce to Kris Humphries was still pending and Kanye was willing to do whatever it took to finalize the divorce before Kim delivered. Turns out that Kanye's frustrations are valid as California, like Indiana and many other states, presumes that a married woman's husband is the father of a newly-born child. In Indiana this presumption is codified in IC 31-14-7 which provides in part that:
A man is presumed to be a child's biological father if: (1) the:
(A) man and the child's biological mother are or have been married to each other; and
(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;

For most married couples, this presumption is helpful. It avoids the awkward necessity of having a husband fill out a paternity affidavit or submit to DNA testing when it is clear that he is the father of his wife's child. For Kim and especially Kanye, the presumption is frustrating because a California court will presume that Kris is the father until the child's correct paternity is established. Even Kris should be concerned because the presumption theoretically places an obligation on him for the support of the child.

In reality, this situation occurs more than people realize. Divorce can be a long process, particularly for couples who have a lot of conflict or many assets to divide. In some cases where a couple cannot settle out of court, the road to a contested final hearing can take several months, if not years. It is not uncommon for one of the parties to begin a new relationship in that time, particularly where there are no children and the marriage was short term. Clients give me the stink eye all the time when I have to include in every petition and decree for dissolution whether the wife is pregnant. Unfortunately, it is something that Courts need to know in case a situation like Kim's should ever arise.

Now I am sure that Kim, Kris and Kanye's legal teams are more than capable of rebutting the presumption when/if Kim delivers before a divorce is final, but this situation is a great example of the way the legislature creates laws that do not fit every person's situation. Sometimes we all take for granted that just because a married woman gives birth to a child that she and her husband are the biological parents. There are cases like Kim's or more frequently case of a married gestational surrogate who is carrying another couple's child where the presumption doesn't match reality. In those situations, parties need to have an attorney with the ability to step in and protect the client's interest.

For more information about paternity in Indiana, contact Harden Jackson Law.

Photo courtesy usmagazine.com

The much anticipated revisions to the Indiana Parenting Time Guidelines (IPTG) take effect on March 1, 2013. Below are some answers to FAQ:

How will the new guidelines affect my current parenting time schedule?
If you currently have a court order to follow the IPTG, then the new guidelines will have no affect on your parenting time. The new IPTG will only apply to new orders of parenting time or those taking effect on or after March 1, 2013. However, if your current order with respect to parenting time or custody is modified by the Court in the future; the new IPTG will likely be implemented at that time.

Can I move to modify my current order to implement the new IPTG?
No, you cannot file a motion with the court for the sole purpose of implementing the new IPTG. However, parents are not prevented from agreeing to follow the revised IPTG. If both parents agree that they wish to follow the new IPTG, they must put their agreement in writing and file with the court for approval. Otherwise, the agreement will not be enforceable.

How do the new IPTG differ from the current IPTG?
There have been no changes to the weekly schedule of parenting time. The main changes are with respect to the holiday and special day schedules. Under the current IPTG there are no provisions for dividing Martin Luther King, Jr. Day weekend, President's Day weekend or fall break. The new IPTG have added these as holidays to be alternated between the parents. Under the new IPTG, Christmas break and New Year's holiday have been consolidated into one holiday and divided equally. Under the current IPTG they are two separate holidays.

The revised IPTG give additional guidance regarding division of breaks for children attending schools with year round or balanced calendars. The current IPTG divide all breaks equally between the parties but neglect to assign which parent receives which half. The revised IPTG alternate the first half and second half of the breaks from year to year.

The revised IPTG no longer include the provision preventing either party from exercising three weekends in a row due to holiday parenting time. The revised IPTG allow the parties to maintain alternating weekends throughout the year. Holidays still take precedence over regular weekend parenting time.

Additionally, there have been some clarifications with respect to the opportunity for additional parenting time (Right of First Refusal). This provision states that when a parent requires childcare by someone other than a family member, that they must offer this time to the other parent first. The revised IPTG provide further guidance regarding the definition of "family member" with the term "responsible household" family member being added to the guidelines. The commentary defines household family member as "an adult person residing in the household, who is related to the child by blood, marriage or adoption."

The above highlights some but not all of the revisions to the IPTG. You may view all the changes to the current guidelines here.

If you have questions about divorce, custody or other family law matter, contact Harden Jackson Law.

Country band Montgomery Gentry seems to have publicly displayed divorce details of Eddie Montgomery's recent divorce in their newest single, "I'll Keep the Kids". While the band member claims it's not a line for line account of his personal life, the song feels awfully personal.

"We're just painting a picture," said Montgomery. "So far, a lot of people have told me that the song has helped them through their own divorce. I know it's helped me a lot to just get that out."
The song may be helping others during difficult divorce proceedings, but the goal of the song was to portray the effects of divorce on children.
Some of the lyrics are below:

You don't have to holler,
And we don't have to fight.
We can settle all this, right here
Right now, tonight

No need to call no lawyer
You don't have to pack no bags
It's obvious, all you want is
Half more than your half

I see here on this paper
You wrote what you want down
Want me to sign over
What was ours is all yours now

Take the house that my sweat built ya'
Here's the keys to both the cars
I'll do you up the title to my ole Harley in the barn

Take all our family pictures
And my records off the wall
And any other sign of livin' proof
That I lived here at all

Can't help but not see a couple little things
Not there on your list
So if you don't care
I'll keep the kids

You can listen to the song here.

What do you think? Is this an inspirational anthem to help people through divorce or an unnecessary airing of dirty laundry?

For information about family law, divorce or child custody in Indiana, contact Harden Jackson Law.

A child support case has made it to the Indiana Court of Appeals for the second time. The judges have ordered the trial court to use a different income factor when calculating the father's support.

Matthew Ashworth and Kathryn (Ashworth) Ehrgott were married in 1999 and have two minor children. They divorced in 2006, and Ergott has sole legal and physical custody of the children

The support case first made it to court in 2010 when the judges ordered recalculation of his weekly gross income and to calculate credits against his child support payment. In late 2010, mother filed a child support modification petition which led to this latest appeal.

Matthew Ashworth appealed the order on modification of child support entered in favor of his ex-wife Kathryn Ehrgott. Ashworth contended that the trial court abused its discretion in calculating his 2012 and subsequent child support obligation and income withholding order; in determining his additional child support obligation based on his 2010-2012 bonuses and future irregular income; and that the court erred by declining to credit him for his overpaid child support obligations.

The judges ordered the trial court to apply a new income allocation factor, which resulted in an over-payment of $8.54 per week. The trial could will now calculate the credit owed to Ashworth.

Read full story here

Have you met attorney Amanda Glowacki? Amanda is an attorney in HARDEN JACKSON'S Family Law Practice Group. Amanda received her Juris Doctor from Indiana University Maurer School of Law in 2011 and graduated cum laude with a Bachelor of Arts in History from Butler University in 2008. She is also a registered domestic relations mediator providing mediation services to families facing the changing circumstances which accompany dissolution of marriage, custody and parenting time modifications, child support modifications and paternity determinations. Her commitment to the private resolution of family issues, the preservation of positive working relationships within families and her calm demeanor and sensitivity in the face of emotional challenges make her the ideal choice as a mediator for family matters.

Her colleagues note that she is bright and a hard worker, compassionate yet firm.
She is committed to working hard for her client and she puts in the extra effort on cases, so that her client is well represented.

According to the Indiana Lawyer, A Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and the judge's wife could not stand.

Daniel and Melissa Brewington were going through divorce proceedings before Dearborn Superior Judge Carl Taul. Dearborn Superior Judge James Humphrey later took over the case. Dr. Edward Connor was assigned to perform the custody evaluation of the children. He determined that Melissa Brewington should be the sole custodian and primary residential parent with Daniel Brewington receiving visitation because the couple couldn't communicate effectively.

Daniel Brewington objected to the report. Instead of allowing Connor to meet with him again, he began sending a torrent of abusive letters to Connor to release his entire file to him, withdraw from the case, and withdraw the evaluation. After Humphrey took over the case and entered a final order granting sole legal and physical custody to Melissa Brewington, Daniel Brewington began posting on websites claims that Humphrey was a child abuser and corrupt. He also posted online the name of Humphrey's wife, Heidi, and their home address and told people to send letters about his case to that address. He did not say that Heidi Humphrey, who previously was an advisor on the Supreme Court's Judicial Ethics and Professional Committee, is James Humphrey's wife.

Daniel Brewington was indicted on six charges and found guilty of five at trial: Class A misdemeanors intimidation relating to Connor and Heidi Humphrey ; Class D felony intimidation relating to James Humphrey; Class D felony attempted obstruction of justice relating to Connor; and one count of Class D felony perjury for falsely stating during grand jury proceedings that he didn't know Heidi Humphrey was the judge's wife. He received a five-year aggregate sentence.

Daniel Brewington appealed on several grounds, including double jeopardy and whether the evidence can sustain his convictions. The Court of Appeals concluded that double jeopardy required the intimidation conviction relating to Connor to be reversed and vacated because the jury could have relied on the same evidence to convict Daniel Brewington of intimidation and attempted obstruction of justice convictions. The judges reversed his conviction relating to the judge's wife, finding his posting of her address on the Internet and inviting the public to send comments about his divorce case didn't constitute a threat as defined by statute.

They upheld the conviction relating to James Humphrey, rejecting Daniel Brewington's argument civil defamation law principles must be incorporated into Indiana Code 35-42-2-1(c)(6). The judges found the state was not required to provide evidence that his public statements about James Humphrey were knowingly false.

The Court of Appeals affirmed the trial court in all other respects.

The full story is here: http://www.theindianalawyer.com/coa-affirms-mans-conviction-of-intimidating-dearborn-county-judge/PARAMS/article/30547

The beginning of the new year, there seems to be an increase in new clients filing for divorce. When dividing assets, the presumption is to split assets 50/50 but that presumption can be rebutted. Lanae Harden from Harden Jackson Family Law has more details on what you need to know...

No Fault Divorce

More divorces get initiated in January, than in any other month. Why is January a popular month to separate or divorce? The reasons may vary, but the results are the same - divorces follow the holiday season. The increased divorce filings in the beginning of the New Year may be in response to the need for "self-improvement" that many feel during the start of a year.

How can parents be sure to put their children's needs first when making decisions related to divorce or separation? There are resources out there for divorcing parents.

International Child-Centered Divorce is dedicated to alerting parents about the effects of divorce on children - especially the impact of parental decisions on their children during and long after a divorce.

A special website has been created where parents can access free ebooks, coaching services, videos, audio programs and other valuable gifts. The website will be available throughout January at http://divorcedparentsupport.com/

In addition, parents can find listings of free workshops, teleseminars, webinars and other special events being held during January on the Events Calendar at the same website.

Harden Jackson Law is dedicated to helping clients understand their legal rights and options in order to assist them with making informed decisions. If you are an Indiana resident considering divorce, schedule a consultation with our family law team at 317.569.0770 or contact us at www.hardenjacksonlaw.com.

For the second time in 20 years, Sesame Street tackles the tough topic of divorce. The first effort, in 1992, was never aired due to the segment not passing the viewing test. However, now the children's iconic show has distributed a new divorce segment. This week, Sesame Workshop will debut the 13-minute segment online -- part of a massive multimedia kit called Little Children, Big Challenges: Divorce, which includes a storybook (Two Hug Day), a guide for parents and an app.

With over 40% of marriages ending in divorce, and many happening in families of preschoolers, the show may be giving children and their parents tools to help deal with this emotional and confusing topic.

With more than 15 years experience as a divorce attorney in Indiana, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, offers information about moving after a divorce.

Job losses during this economic recession have forced many people to relocate in order to downsize their residences or to pursue new job opportunities. A move may also occur following a divorce, especially if one of the former spouses had temporary living arrangements while the sale of the marital home was pending. People may also relocate when a new relationships leads to cohabitation or remarriage.

Divorce and relocation are two of the most stressful changes in an adult's life. Numerous details and tasks must be managed and completed. When children are involved, the focus is usually whether the change will affect their friends or which school they attend. But how many parents are aware that their move may violate state statute? Under Indiana Code 31-17-2.2, a relocating individual must file notice of their intent to move with the clerk of the court that issued a custody or parenting time order. This requirement applies regardless of whether the move is across the street, across town or to a different state and has caught many parents by surprise, especially those who divorced prior to the adoption of the new law.

Previously, the statute only required filing of a relocation notice when a move was greater than 100 miles. Now, notice must be filed not later than 90 days before the proposed relocation, and the non-relocating parent has 60 days to respond to the filing if the parent seeks to prevent the relocation. The court takes numerous factors into consideration regarding the relocation, including distance involved, and whether the relocating parent is making the move in good faith and has a legitimate reason for the move. The priority of the court is to confirm that the move is in the best interests of the children. If distance is a factor, other matters must be addressed, including how the move will affect parenting time and impact the non-relocating parent's relationship with the children. This can be a volatile subject for many parents, and the financial and emotional stresses can exacerbate the situation. However, communication and cooperation can minimize the conflict and the parents may be able to negotiate an agreement. Regardless, consulting with an attorney can help either the relocating or non-relocating parent understand how the statute applies to their particular situation and develop a plan of action to address their concerns.