Articles Tagged with “Indiana divorce”

Thumbnail image for LMH WEB2.jpgDivorce is traumatic, but it does not have to be tragic. With the New Year comes a new beginning for many who are going through a divorce. Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, offers the following suggestions to help you through the process. With more than 18 years as a family law attorney handling complex and high-conflict divorce and custody cases in Indiana, she has heard almost everything.

  • Don’t refuse to communicate with your ex (unless the relationship is abusive). Refusing to communicate will only result in increased animosity and ultimately, more time and expense. If you set an adversarial tone because of your anger and emotions, your case will take longer. You also won’t recover as quickly (emotionally or financially), and you’ll likely be re-litigating issues for months or years after your divorce. For your children’s sake, be willing to communicate in a civil and respectful manner.
  • Always put your children’s interests first. Not only is this in the best interests of your children, but from a strategic standpoint, your willingness to act in good faith will have a favorable impact on your case at court. Every action you take should be measured by how it will be viewed by the judge. When it comes to custody, judges are evaluating which parent places the children as priorities. Remember, questionable actions or behavior by you could be used by your spouse’s attorney to negatively affect you. Attorneys are trained to spin circumstances to favor their clients. Don’t leave anything up to interpretation.

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We are proud that Lanae Harden was recently interviewed by the Business Leader Spotlight Show, an online radio show that is syndicated to over 1.5-million listeners. The “Business Leader Spotlight” show’s goal is to take topics that are of general interest to the public and provide valuable insights into the topic from experienced professionals in that industry. Lanae was interviewed about the legal issues you can encounter in a divorce in Indiana. You can listen to the interview by clicking on the following link:

Lanae Harden Indiana Divorce Attorney Interview

Thumbnail image for suitcases.jpgYou’ve decided to separate. Your spouse is moving out of the home. But now, he or she claims that they are taking the kids with them when they leave. Are they permitted to take the children with them when they leave?

Maybe. Unless the courts have already determined a custody agreement, one parent is not required permission to leave with the children. If you plan to pursue custody of the children, it is advised not to leave the house. Even if you take the children with you, it may impact custody decisions because the courts can decide to keep the children at the house to reduce the disruption in their lives.

The first thing you should do is contact an experienced family law attorney. Here is more information on how to find an attorney for you and questions you should ask your attorney. Your attorney should file for a temporary custody order. Temporary custody may be decided as soon as the parents are separated.

logo_atty website.jpgCARMEL, IN – November 1, 2013 -Harden Jackson is pleased to announce that Christine M. Douglas has joined the firm as Of Counsel.

Christine M. Douglas practices solely in the area of family law. She is a Certified Family Law Specialist, as certified by the Family Law Certification Board. Christine helps individuals resolve a variety of issues that arise in non-traditional and traditional families. Her practice includes: adoptions, custody disputes, domestic partnership agreements, divorces, grandparent visitation, guardianships, parenting time enforcement, paternity cases and premarital agreements. She has extensive mediation and trial experience and completed the American Bar Association’s Family Law Trial Advocacy program in Denver, Colorado. She has been practicing for over sixteen (16) years and has extensive litigation experience managing heavy volume caseloads in complex, contested family law matters

To read Christine’s full bio, please click here.

By: Clarissa Finnell

wedding_rings_-_african_american.jpgAlmost 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.

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 72.jpgto 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.

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.

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

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.

Divorce is often an emotional and confusing process. Many individuals know nothing about the proceedings or laws surrounding divorce until they find themselves right in the middle of the process. Often times, individuals rely on their attorneys, friends and family members for advice and support. More recently, there is another option where you can get support from a certified divorce coach.

What can a Divorce Coach do?

  1. Provide “hand-holding” and emotional support. They may be able to offer objective support that family members and friends aren’t able to offer.