Writing the Property Settlement – Make Sure You Cover Everything
March 15th, 2010 admin
Ah, forgetting to ask all the questions worries me. The problem of the unasked question has a tendency of coming back to haunt – if not to bite. For those of you thinking of doing your own divorce (or legal separation) agreements, I give you this paragraph from WOLSHIRE v. WOLSHIRE , 905 NE 2d 1051 (Ind Court of Appeals 2009) and suggest that you think long on it: We reach the…
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I suggest my articles here on Indiana’s legal separation law, but I think Ending or Renewing a Marriage with a Separation from Divorce Attorney’s Office hits on a point I have not covered – the strategy of legal separation. When deciding upon a separation, both partners should decide what the separation in the marriage will accomplish....
What to do when a third party has an interest in property that is part of the marital pot? The Indiana Court of Appeals dealt with this problem in Leever v. Leever . Appellant-petitioner Lisa A. Leever appeals the trial court’s order dissolving her marriage to appellee -respondent Doug R. Leever . Lisa argues that the trial court erred by refusing...
Krstin Nicevski v. Greta Nicevsk i was decided last year on July 9. My apologies for the delay in writing this one up – put it down to the turmoil of last Summer and Fall. However, the case points out something important and so I am going ahead on write on the case. The Indiana Court of Appeals opinion sets out the issue quite well: Appellant-respondent...
Reality TV mainstay Heidi Montag filed for a legal separation from her husband Spencer Pratt in Santa Monica on June 8. Montag cited irreconcilable difference in her court documents requesting a separation, according to People.com . What is a legal separation? A legal separation does not put an end to the marriage. A legal separation will help settle...
And a good example why to hire a lawyer. Such is Beaman v. Beaman , 844 NE 2d 525 (Ind: Court of Appeals 2006). First, the case demonstrates – to me – why few legal separation case are filed or go on for very long. Notice how easily the parties slipped from a separation case a dissolution case (and see what I wrote here ). Now about why...
Learn how to file for a legal separation of marriage, as well as how to get separation agreements for your state.
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I keep looking for better definitions of joint custody in Indiana. Better meaning a clear, concise explanation distinguishing joint from sole custody. So far, Finnerty v. Clutter (Ind: Court of Appeals 2009) has the best (and the latest) Having determined that the parties have joint legal custody, we conclude that Indiana Code Section 31-17-2-17,...
When it comes time to negotiate a fair settlement, make sure to account for the true value of the associated property. For example, if you determine that the fair market value of the property is $300,000 and the associated mortgage on the property is $230,000, the amount that you will be negotiating over is
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In separation and divorce, death of a spouse can have a major effect on estate division and if agreements will be honored. Get answers from the legal expert here.
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Take this scenario: parties agree that one gets Y unless x happens. Being even more specific, assume that one party agrees to give the other half a pension, unless the other married. What happens if the other party does not marry but lives with someone? Does the other party get the share of the pension? Answer: Yes. You get stuck with the language...
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