In many divorce cases, one of the primary considerations that must be made concerns retirement benefits – whether that be through a typical 401k or a pension or through federal Social Security benefits. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal statute that sets the minimum…
While divorce certainly has its challenges, it’s usually preferable to remaining in a union that isn’t working. However, when the element of abuse is involved, there are unique and important considerations that must be made before proceeding. It has been proven violent spouses are most prone to extreme acts when…
Both pre- and post-nuptial agreements have increasingly come into favor among many couples, particularly those who are waiting longer to marry (or are marrying later in life) or may have issues to resolve during the course of the union. These are formal agreements that will be recognized by Indiana civil…
Indiana courts are rarely eager to terminate the rights of faltering biological parents, who often receive numerous opportunities to reform and provide a stable, loving environment. Termination of parental rights is seen as a last resort option, allowing the child to be either formally adopted by a more stable third…
Approximately one in three children will live at least some portion of their childhood with a stepparent, according to recent statistics. These are individuals who will play an important and lasting role in children’s lives. However, from a legal standpoint, stepparents – even residential stepparents – generally have fewer rights…
Mental illness does not carry the same stigma it did even just a few decades ago. This has brought many conditions to light that may have otherwise been hidden, and allowed for better treatment plans with greater family support. However, in the course of dissolving a marriage or within a…
While Indiana family law courts strive to make the adoption process and transition as seamless as possible for children and their families, inevitably, there are going to be bumps in the road. This is especially true when the adoption is in any way disputed or when the adoptive parent or…
Changes in Indiana child support payments are only going to be made in circumstances where the court has held there has been a substantial change in condition and it’s in the best interest of the child or children involved. Deviation from the Indiana Child Support Guidelines also generally isn’t done…
Most parents want to ensure their children have the best possible chance of success as an independent adult, and that means having a solid education. However, there are many varying schools of thought about what a good education looks like – and how much it costs. In matters of divorce,…
It’s been 14 years since the U.S. Supreme Court’s watershed ruling in a grandparent visitation dispute. In the years since, Indiana courts have still struggled to strike a balance between parental rights and the strong desire of grandparents to be a part of the children’s lives. Indiana Code 31-17-5 details…