Indiana Injury And Family Lawyer Blog

Indiana child custody attorneys wonder if sometimes, we give less say to children than they deserve.

Of course, we know that child custody proceedings don't always have to be acrimonious - and in fact, we do handle all of our cases with the recognition that these are children's lives we're talking about. And children, as we know, don't always recognize what is best for them.

For example, one parent may spoil with lavish gifts and trips, but is not actually fit to care for the child on a 24-7 basis. That can be extremely frustrating for the other parent involved, especially when the child begins to express favor toward the mostly-absentee parent.

However, a recent column written by family therapist Ruth Bettelheim indicates that perhaps we should be ceding some of the say to our youngsters in these cases on a more regular basis.

The issue she really gets at is maybe not so much when child custody arrangements in Indiana are first made. Most parents, even in bitter custody battles, do deep down want what is best for the child - the question is determining what the "best" looks like.

The issue, Bettelheim says, is more when that custody agreement stays stagnant. Essentially what works for a 3-year-old isn't going to necessarily work for a 12-year-old or a 15-year-old.

But because it may be painful for us as adults to visit, we leave it alone, despite the fact that the current situation may not actually be what the child wants or what is best.

For example, let's say you're a 14-year-old whose parents divorced when you were 6. When it first happened, you may have been fine to shuttle to your dad's house two hours away on the weekends. But now that you are wanting to spend more time with your friends, it seems unfair that you spend weekends two hours away. You may be loath to bring it up with your parents, though, for fear of drudging up past hurts.

Plus, kids have an innate desire to please their parents. They don't want to disappoint them, so they will suppress expressing what it is they actually want so that they won't have to feel guilty for "choosing" one parent over the other.

Sometimes, it's not even so much that one parent may get more time than the other, but that everyone could benefit from some form of modification.

And while some couples may be able to work together to come up with an agreement on their own, old wounds may prevent them from truly being civil with one another. This is where it can really help to bring on an experienced child custody lawyer, who can review all the details of the case and make a new transition as painless as possible.

What Bettelheim proposes is the institution of a mandatory review every couple of years to all child custody cases. She says that doing this - and allowing each child the opportunity to speak privately with a court mediation attorney - would help ensure that the current situation is working for everyone, child included.

However, it isn't likely that this kind of sweeping legislation would be put into effect anytime soon.

That doesn't mean, though, that parents can't take the initiative. It may be somewhat painful at first, but revisiting the custody situation every few years - hearing out your kids and analyzing the scenario from a place of objectivity - can only serve to benefit everyone in the end.

Continue reading "Indiana Child Custody Attorneys Encourage Regular Evaluation of Custody Plans " »

Presenting the evidence of your Highland car accident case can seem daunting. You may be confused over what you need to prove to show that you were not the at-fault party. Our Highland injury attorneys understand your confusion and we want to help you.

Arnold v. Wallace is a recent Virginia case arising from a car accident. Mary Arnold (plaintiff) has an automobile insurance policy with Travelers Insurance Company (Travelers). In 2005, Plainitff was injured in a car accident caused by the other driver Jonathan Wallace (defendant). Defendant was uninsured at the time of the accident.

When you purchase car insurance coverage, there are many different facets to your policy. Obviously, the more money you pay as a monthly premium, the more coverage you receive if you are involved in a car accident. Every state differs in their laws regarding the standard requirements of the type of coverage you must purchase; however, it is a growing trend for states to have statutes that set legal minimums required in car insurance coverage in order to register your vehicle.

Car insurance requirements were created in order to assure that where a driver is involved in a car accident, and that driver was at fault, the other party will be able to be compensated for medical costs and property damage arising from that accident.
Although the policy limits and minimums vary depending on the state, the most common different types of car insurance coverage available include personal injury protection (PIP) coverage, bodily injury coverage, property damage coverage, med-pay benefits, and uninsured/underinsured motorist (UM) coverage.

When you purchase UM coverage as part of your policy, your car insurance company agrees to pay a certain amount in coverage if you are involved in a car accident with an uninsured or underinsured driver. Plaintiff in this case had a UM provision in her policy, and after her accident she entered a claim with Travelers in order to receive UM benefits.

Additionally, Plaintiff brought a negligence action against the defendant for damages associated with the accident that he caused. In order to prove that her medical injuries were a result of the car accident with the defendant, there were medical records and expert testimony entered into the record.

The dispute in this case was regarding the evidence presented to prove that the plaintiff's injuries were directly related to the accident with the defendant. Plaintiff's counsel called her doctor to testify as to the medical issues she was suffering with since the accident. This doctor testified that the plaintiff has spinal stenosis, bone edema and post-concussion syndrome.

This doctor, as with most doctors, kept a patient chart that indicated the medical impressions and opinions of his staff. On cross examination the defendant's counsel created a foundation for the relevance of this chart and sought to enter it into the record. Over a plaintiff objection, the record was entered into evidence.

Although the plaintiff argued that this chart was hearsay; the court held that because the medical chart was a business record regularly maintained in a medical practice, it could be validly entered into evidence.

Thus, the impressions of the doctor's medical staff regarding the plaintiff's injuries were released to all of the parties in the case. This led to a significantly lower award for the plaintiff because the causal link between her injuries and the car accident was skewed.

Continue reading "Your Medical Chart Can Be Entered into Evidence in Your Highland Car Accident Case, Says the Court in Arnold v. Wallace " »

Your spouse cheated. You're devastated.

But now what?

Indiana divorce attorneys know the choices you'll have to make in the coming weeks and months won't be easy. Should you stay and try to work it out or end it with an Indiana divorce?

Likely, there are a lot of considerations you need to sort through, and you shouldn't rush it. What's probably going to factor into your decision is how long you've been married, whether you have children, what your financial situation is and whether you think you'll ever be able to trust them or be happy with them again.

While Indiana divorce attorneys can't make the decision for you, we can help guide you through the process and help you understand all your options.

One thing many people want to know is whether adultery matters in an Indiana divorce. The answer is no - and yes.

The laws vary from state to state. In some states, the issue of adultery is going to matter big time. But in Indiana, divorces are considered "no fault." What that basically means is that neither party has to show that the other did anything wrong in order to acquire a divorce. The only thing that needs to be said is that the marriage is irretrievably broken.

Under the state law, unless you have some sort of prenuptial agreement, all assets and debts are divided down the middle. It doesn't matter if it's in just one spouse's name or if he or she did the cheating. Mostly, the court is going to look at how much you each contributed toward that property, whether it was something that was given as a gift solely to one spouses and the conduct as it pertains to the waste of your assets (think gambling debts).

The only way adultery might have much of impact on how assets are distributed would be if one person used certain marital assets to support the extra-marital relationship. So for instance, if your husband takes money out of your joint checking account to provide some sort of support to his mistress, the judge may take that into consideration when deciding how to divvy up the property.

When it comes to child custody, the judge may take into consideration the conduct of the cheating spouse and its impact on the children when deciding where the children should stay. Then again, a judge may decide that conduct was a wrong done only to the other spouse - not the children. A lot of discretion is left to the judges. That's why it's so important to invest in a skilled Indiana divorce attorney in these cases.

There are some situations where spouses who have cheated have contracted sexual transmitted diseases - which they have then passed on to their faithful spouse. There have been cases where that resulted in a personal injury lawsuit.

What we've found is that in a lot of cases (not all), the spouse who has been unfaithful feels guilty. Even if they can't save the marriage, they want to make amends, which means they may be willing to concede more than they might otherwise. Of course, that's not an absolute science, but it is something you may be able to work to your advantage.

If you do decide to proceed with a divorce after your spouse has had an affair, you are really going to need someone who can stand by your side an advocate to that judge and who can appeal to him or her for the outcome that is in your best interests.

Continue reading "Indiana Divorce: Does Adultery Matter? " »

Indiana divorce attorneys know that financial stress is one of the top reasons why marriages fail.

So we weren't surprised to learn that those going through a foreclosure are more likely to subsequently endure an Indiana divorce.

A recent Huffington Post blog touched on this very fact. It looked at the state with the highest incidence of foreclosure in the country: Nevada. There, one out of every 177 houses was in foreclosure. What's also true is that Nevada has the highest divorce rate in the country as well. This is not a coincidence.

Across the country, foreclosures have soared with the collapse of the housing bubble. Indiana is not unaffected. It's not nearly as bad as some other places, but according to realty track, 1 in every 14,300 houses is in foreclosure here.

So, the question becomes: Are divorces causing more foreclosures or are foreclosures causing more divorces? There is probably truth in both scenarios.

For example, a foreclosure stemming from factors related directly to the recession could be the final straw for an already-crumbling marriage. On the other hand, a foreclosure is an extremely stressful situation, and when finances become unhinged, people see their future and their dreams falling apart before their eyes. Foreclosures can be particularly difficult for men, as their self worth may be tied in large part to their ability to provide for their family - and a home is a very large and tangible part of that.

It's not a huge leap that the upending of the marriage would soon follow.

And of course, when you are divorcing, you are forced to contend with paying the same amount for expenses on an income that's been halved.

If you find yourself contemplating a divorce in the midst of a foreclosure, it's especially important to invest in an experienced Indiana divorce attorney - someone who will be looking to protect all of your assets and interests at a time when it matters the most.

Here are some common mistakes people make when simultaneously going through an Indiana divorce and foreclosure:

1. Not having enough money. Of course, money is tight for many households these days. But if you're contemplating divorce, having some reserves set aside - whatever amount you can - is going to be critical.

2. Rushing into it. Divorce is a long process, and there is a lot to be considered with regard to your home, your finances, your children and your lifestyle. The best thing you can do is consult with a skilled attorney to find out what all your options are.

3. Not being organized. It is going to be very important throughout the process to have all of your financial records accessible. This means loan applications, financial statements, bank statements, insurance policies, wills, car registrations, and trusts. It's also important to gather up any proof of separate property (like a gift from your family or inheritance).

4. Don't overlook any assets. Even if they are things you don't want, it's possible that with the help of your attorney, you may be able to negotiate them for something you do want.

5. Not fighting for what is rightfully yours. This is more often the case with women, who tend to want to "make nice" during a divorce. But insisting that you get what you are entitled to is an investment in your financial future and well-being - and that of your children.

Continue reading "Indiana Divorce: More Likely in Midst of a Foreclosure? " »

There are a number of locations that will be celebrating Cinco de Mayo 2012 within the area this weekend. Before heading out to these celebrations and before slamming some Coronas or tequila shots, we're asking partygoers to make sure they've got a sober ride home.

Cinco de Mayo brings about some of the most intoxicated drivers. With the proper planning, we can all do our part to reduce the risks of alcohol-related car accidents in Highland and elsewhere throughout the area during the weekend fiesta!

Our Highland accident attorneys understand that nearly 11,000 people are expected to die this year in drunk driving car accidents throughout the country. That's a death every 50 minutes. Motorists are urged to be cautious on our roadways over the Cinco de Mayo holiday as far too many drivers are expected to get behind the wheel after having too much to drink. Our personal injury attorneys are asking residents to review these few simple safety tips, from Mothers Against Drunk Driving (MADD), to help to keep safe and out of an accident over the weekend.

Everyone is urged to designate a driver before heading out for the celebration. This means designating a sober driver. The person who has had the least to drink does not count as a designated driver. If you find yourself out without a designated driver, don't worry because there are other safe ways to get around. You can call a friend or a family member to come pick you up. You can call a taxi or take the bus. You can even grab a hotel room or stay at a buddy's house. Whatever you do, you do not want to get behind the wheel after consuming any amount of alcohol.

Remember that even if you're not planning on drinking, there are a ton of people who are. This means you've got to be extra careful if you're driving on our roadways over the weekend. Stay one step ahead of the traffic around you. If you think you've spotted a drunk driver, you're urged to call local authorities and report them. Getting a drunk driver off of our roadways can help to save lives.

How to Report a Drunk Driver:

-Stay away from the suspected vehicle. Getting too close to an intoxicated driver puts you and your vehicle in unnecessary risks for an accident.

-Don't try to pass the vehicle or try to stop them yourself.

-Get the vehicle's license plate. Also, get the make, the model and the color of the vehicle. If you can, get a description of the driver.

-Call 9-1-1 and report this information to authorities. Include information regarding the location of the vehicle and the direction it's heading.

Everyone is encouraged to go hang out and enjoy the holiday. Go out with old friends. Go out and make some new ones. Go out with a plan and return home safely!

Continue reading "Tips to Prevent Car Accidents in Highland and Elsewhere during Cinco de Mayo " »

Ok, we admit - there really isn't a "best" time for an Indiana divorce.

Indiana divorce attorneys know that such matters are messy, emotional, complicated and intimidating. They always require an experienced attorney who can help you navigate through the potential minefields and protect your financial interests and custody rights.

So, it's in that spirit that we wanted to offer some advice on when might be a good idea to act on it when you've maybe given it a great deal of thought and things simply aren't working.

Keep in mind that these situations are the ideal - and not every case is going to be like this. Just because yours isn't doesn't mean your stuck. Consulting with a skilled Highland divorce attorney can help you explore all the options specific to your unique circumstances.

In general, though, one of the best scenarios is when you've got minimal or no credit card debt. Before you make the final decision about whether to go forward with a divorce, you will probably want to get a good idea of what your financial situation will be. This includes having a detailed accounting of all your individual and joint debts. Indiana is considered an equitable distribution state, which means that the court will decide what is determined to be a fair and just means of splitting up property. But when it comes to debts, both spouses have a responsibility to pay up on debts they acquired together or on your joint accounts. If you don't, your credit could take a beating.

Secondly, if you own a home together, you may want to consider waiting until housing prices increase. This would help ensure you get the best price for the sale of your home that will cover the remaining mortgage, and possibly give you enough to split. Otherwise, you may want to consider an agreement in which one of you will get the house as part of the divorce settlement. This way, both you and your spouse may be able to preserve your savings accounts, rather than trying to pay up on the difference between the remaining loan and the sale price.

Thirdly, it would be ideal if you both had good credit scores. Your score may be impacted during the course of your Indiana divorce if you miss payments while arrangements are still being made. Depending on which spouse leaves the home, one of you is going to need to rent or buy a new place or possibly a new vehicle. Having a good credit score will make this transition easier.

Fourthly, if possible, you may want to consider divorcing before you will receive an inheritance. In Indiana, if you receive an inheritance prior to your divorce, you may be required to split some of that with your spouse. If, however, you receive your inheritance after the divorce is finalized, it's more likely that asset will be protected.

And finally, a divorce may be best when your child is in high school. We realize that when children are involved, divorce is never going to be an easy situation. But in looking at the financial implications, one spouse will probably have to pay child support, though it will likely only be for a few years. What's more, a divorce could actually help your child in terms of financial aid for college. In some cases, colleges will only ask for the income information of the parent who has custody.

Continue reading "Indiana Divorce: 5 Best Times to Consider It " »