Having discussed jurisdiction and service in Got to Have Service on the Other Side and More on Got to Have Service on the Other Side, let me bring up a recent Indiana Court of Appeals case In re: the marriage of Anthony J. Harris v. Teasha J. Harris . Thanks to a lack of personal jurisdiction, the case had to start over. And before anyone gets overly excited, the case turns on the fact that the husband was on active military duty in Germany and... 

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 Krstin Nicevski appeals from the decree…  Read More →

I have to make a comment about a recent case of mine and Indiana Trial Rule 4(E) . Adding this to Got to Have Service on the Other Side seemed to make the earlier post a bit too long. This part of Rule 4 reads as follows: (E) Summons and Complaint Served Together–Exceptions. The summons and complaint shall be served together unless otherwise ordered by the court. When service of summons is made by publication, the…  Read More →

The Indiana Lawye r’s COA rules on service of summons issues does not report on a family law case, this is subject still needing attention. Gohl filed his motion arguing the judgment against him was void for lack of service of process. The Court of Appeals judges agreed and reversed, finding the trial court didn’t have personal jurisdiction over Gohl when it rendered the default judgment against him. Colonial failed to specifically... 

Something here that we lawyers might take for granted but seems to elude non-lawyers. Children from an earlier marriage or relationship are not included as children of the present marriage – even if they are living with you and your spouse. Something trickier occurs when a question arises as to whether the husband is the father of the wife’s child. The Indiana Supreme Court took on this problem in Russell v. Russell , 682 NE 2d 513... 

Image by publik 16 via Flickr Divorce Saloon published Retainer agreements and your divorce: A primer . Some applies directly to Indiana, In New York and most other if not all other states in the Union, a retainer agreement in matrimonial actions is a requirement. Failure to execute one and provide a client with a Statement of Clients Rights and Responsibilities could preclude an attorney from getting paid one dime in the divorce action. It... 

Husband was to pay $9,000.00 in installments to wife, husband does pay as ordered but instead starts paying out of a pension payment, and then stopped those payments after paying $7,502.66. ( Marriage of Hurt , pages 2 -4). Apparently, they lived together after the divorce. At a contempt hearing, the parties disputed whether the money sent by husband to wife was meant to pay off the judgment. Problems for the husband: The parties seemingly forgot... 

Handling your debts in the divorce can break you financially if handled incorrectly. Most individuals we meet are more concerned about the asset (property) side of the equation and often overlook the liability (debt) side of the equation. Divorce settlement proceedings often break down when it comes to dividing up the debt in  Read More →

No, an amicable divorce is not an oxymoron only a difficulty. Give How to Have an Amicable Divorce a read. Though your life together has ended, your ex will still affect your future. Consider sitting down to talk to your ex about what each of you wants from the future. Ask yourselves some of the following questions. Do you want to be friends? Is it okay if you each stay in contact with the other person’s family? How will visitation work if... 

Pretty simple and I think a bit short but let us call Indiana Dissolution of Marriage Definitions a good start. Glossary of Legal Terms exists on our Indiana Courts page at In.gov. Longer and not exclusively geared for family law. Still has a few things that I would add to the first list.  Read More →

Ohio Family Law Blog has a spot on post with How To Dress For Court – Do’s And Don’ts. He has some interesting specific suggestions that I will bet are based on experience. The proper and/or appropriate attire for either party changes dramatically if the parties are facing a “contested” divorce and/or custody hearing, wherein each would be on the witness stand for protracted periods of time and, wherein, their appearances would certainly... 

This post concerns itself with searching Google Scholar for Indiana case law. I noticed the fallowing query on Google brought someone to this blog: “Indiana divorce law pregnancy”. I assumed the person sought information about what to do when the wife is pregnant after start of the divorce proceedings. Since I do not think that I have written on the specific issue, I thought this was a good time to take Google Scholar for a test drive.... 

Eastern North Carolina Divorce ’s Collaborative Divorce? Don’t Hold Your Breath . provides a counterpoise (sort of) to my Should Indiana Have a Statute Promoting Collaborative Divorce? and Explaining Collaborative Divorce . Traditional divorce already has many of the supposed benefits of collaborative divorce. Attorneys do talk to each other, do realize that it is better for their clients (and their children) to work things out,... 

The come from Five Filing Facts for Recently Married or Divorced Taxpayers at International Tax Counselors Blog : Here are five facts from the IRS for recently married or divorced taxpayers. Following these steps will help avoid problems when you file your tax return. 1. If you took your spouse’s last name or if both spouses hyphenate their last names, you may run into complications if you don’t notify the SSA. When newlyweds file a tax…  Read More →

When I started this blog,I did not think of its potential for preventive law. Most lawyers dream of being able to help prevent legal messes rather than just cleaning them up. You will find that I am going to keep noting articles that help educate you on how to be prepared for a case. Minnesota Divorce & Family Law Blog has a very good …  Read More →