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Articles Posted in Indiana Divorce

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Klimeck v. Klimeck – Indiana Court of Appeals Reviews Divorce Agreement

The Indiana Court of Appeals recently took on the divorce case of a well-educated couple who married in 1995 and had two children. The husband, a tenured professor at Purdue University and the wife, a chemical engineer with a master’s degree in business administration, were in the process of separating…

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Laesch v. Laesch – Indiana Court Affirms Sanctions for Failure to Pay Per Divorce Agreement

The Indiana Court of Appeals has affirmed a lower court decision in Laesch v. Laesch, finding a husband must: Pay interest on his monthly payments to his wife, because he did not pay each in a lump sum; Be held in contempt for failure to obtain a life insurance policy…

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Peterson v. Peterson – Failure to Pay Spousal Support

Spousal support, once a critical aspect of any divorce case, has waned in recent years as both spouses often work outside the home and contribute somewhat equally to the financial stability of the household. Where husbands once were always required to pay spousal support – and often for many years…

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Seal v. Seal: Early Military Retirement Payable to Ex-Spouse

The Indiana Court of Appeals has affirmed that a former husband’s early military retirement pay is in fact payable to his ex-spouse, per their Indiana divorce agreement, despite the husband arguing it was not. In the case of Seal v. Seal, the court ruled that the terms of the original…

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Luttrell v. Cucco – Same-Sex Couple Cohabitation Affects Spousal Support Payments

Last year, a landmark U.S. Supreme Court decision opened the doors for same-sex partners across the country to obtain a marriage license – and to have those marriages recognized in any state across the country. Since that ruling, many same-sex couples have married in Indiana.  But there are still some…

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Ahls v. Ahls – Appeals Court Favors Wife in Indiana Divorce Settlement

The Indiana Court of Appeals ruled the family trial court erred in its application of a financial formula on a husband’s retirement accounts. For this reason, in Ahls v. Ahls, the appellate court ruled wife should receive $115,000 more than she was granted in the original divorce settlement.  This is…

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Carr v. Carr – Survivor Benefit is Marital Asset, Indiana Appeals Court Rules

A survivor benefit plan of a military pension should be included in the “marital pot” when considering what should be calculated as an “asset” in an Indiana divorce. That was the ruling handed down by the Indiana Court of Appeals in the recent case of In Re: the Marriage of Carr…

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Indiana Divorcing Business Owners: What You Need to Know

If you are a business owner contemplating divorce, you have additional considerations that wouldn’t come into play for many facing a separation.  It’s not an uncommon scenario, as many entrepreneurs toil long hours building the company, and the marriage can suffer. It’s typical of younger couples to marry with no prenuptial…

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January Recognized as “Divorce Month”

The New Year brings with it the potential for change. Many who have been suffering in marriages that are miserable, loveless or simply unfulfilling seize the opportunity to write a new chapter. That’s why January has a reputation for being “divorce month.” But as heartbreaking – or freeing – as…

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Gertiser v. Gertiser – Indiana Supreme Court Weighs Spousal Maintenance

Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances. Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser…

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