The issue of legality of same-sex marriage in America was settled recently with the U.S. Supreme Court decision in Obergefell v. Hodges. The lead plaintiff, from Ohio, challenged a state ban on homosexual marriage on constitutional grounds. Indiana voters had previously passed a similar ban, but the law was overturned…
After two people decide they no longer wish to be married, one of the key points of contention often becomes division of assets. Indiana, as in most states, seeks equitable distribution, or a distribution that is fair given the circumstances. But this is often a more complex process than it…
A recent attempt by an ex-wife to sue her former husband’s mistress for alienation of affection was thwarted by the fact that the contacts between husband and mistress did not occur frequently enough in the state of Mississippi for the state court to have jurisdiction. Primarily, the contacts occurred out-of-state,…
When it comes to child support calculations in Indiana, state courts are given guidelines by which to adhere. These guidelines take into account a host of factors, ranging from employment, wages, computations for prior-born or subsequent-born children, costs for child health insurance and child health care, education expenses and other…
One fact that is difficult for many divorcing couples to grasp is that just because something is ordered in family court does not mean third parties must adhere to it. A common example is when a husband is absolved of making mortgage payments on a marital home in which he…
While most of us get married believing the union is going to weather life’s storms, the reality is those storms get the best of many of us. Some of the major life changes that often precede divorce include: Illness Job changes Having children Living apart Trauma Becoming Empty-Nesters Infidelity Take…
Indiana law allows parents to seek modification of child support such that the other parent be responsible to pay a portion of the child’s post-secondary education expenses, even though the child is no longer legally a minor. In the case of Ball State University v. Irons, before the Indiana Supreme…
If ever a father questions the paternity of a child, it may be best to address those suspicions early on. Failure to do may result in a situation similar to what plaintiff in Stacy M. v. Jason M. faced in a family law dispute before the Nebraska Supreme Court. In…
Anytime a custodial parent wishes to relocate with a child – whether it’s across the street or across the country – the parent must first notify the court and obtained permission. Further, non-custodial parents have several options with how to proceed, particularly if they fear the move could have a…
Indiana law generally presumes following a divorce each spouse will work and support him or herself after the marriage has ended. However, there are some exceptions, and in these cases, spousal maintenance is granted. Courts are more likely to grant temporary spousal maintenance during the interim period between when divorce…