indiana injury and family lawyer blog

When exploring the possibility of filing for divorce in Indiana, one primary consideration is the way in which courts divvy up property accrued during the marriage.

The courts have established that the goal is equitable distribution, which some mistake to mean “equal distribution.” This is not so. Hammond divorce attorneys want to stress that “equitable” is usually taken to mean “what’s fair under the circumstances.”

That means the family law judge is going to look at the length of the marriage, your contributions to the marriage, your careers, whether you have children, whether there are any special situations that must be considered. Rarely if ever does it mean a 50-50 split. The truth is that distribution of assets is typically one of the most complex matters before a divorce court. Having an experienced lawyer by your side makes a difference.
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When married, co-entrepreneurs are busy getting their business off the ground, they often don’t consider what might happen if they divorce.

It’s understandably not a pleasant scenario to consider, particularly when things are going well. However, a family-owned business run by married couples can quickly tank if the divorce is handled poorly. It may even result in bankruptcy, particularly if a lack of prenuptial agreements, shareholder agreements or buy-sell agreements results in a protracted legal battle over assets.

Lake County, Indiana divorce attorneys have experience in handling cases that involve co-owners of a business. While we recognize that equitable division of property is important, we also recognize that preserving the company’s future may be beneficial for both parties as well. We’re committed to attaining the best results for our clients.
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There are some situations in which a divorce decree may be needed or desired sooner than all of the property issues can be settled. For these couples, it is possible to seek a bifurcated divorce.

Hammond divorce attorneys know that while many couples may want the entire matter done and over with at once, there are times when dispensation of property and distribution of debts can be rather complicated and require more time. That could be time that those involved aren’t willing to wait.

State law (IC 31-15-2-14) requires that both parties agree to a bifurcated divorce before the court will grant it. If you aren’t on great terms with your soon-to-be-ex, this is all the more reason to hire an experienced attorney who can help you negotiate.
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Those filing for divorce in Hammond against a military spouse should be aware of the fact that unvested military benefits may be considered marital property for purposes of asset division.

The issue arose way back in 1981 with the case of McCarty v. McCarty in the U.S. Supreme Court, where it was decided that federal law precluded the award of military retirement benefits as marital property upon divorce. However, that decision invited congressional action – and Congress passed the Uniformed Services Former Spouses’ Protection Act, codified in Title 10 U.S. Code, Sec. 1408, effective as of 1983. Essentially, the new law holds that military retirement pay is considered marital “property,” which could be subject to asset division in divorce.

However, the ruling doesn’t mean that former spouses automatically are entitled to a portion of their ex’s military retirement pay, and each case is decided according to individual facts and state law. Many jurisdictions continue to grapple with the issue, as evidenced in the recent case of Daniel v. Daniel, heard by the Ohio Supreme Court.
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As a general rule, the only property in a divorce proceeding that is subject to division is marital property.

The question of what exactly constitutes marital property is one that family courts continue to wrestle with on a daily basis. For the most part, however, marital property is considered that which was earned or acquired during the marriage – unless you agree otherwise. Separate property is that which belongs to only one spouse, either because it was owned before the marriage, received as a gift during the marriage, was an inheritance or personal injury award or was acquired in one spouse’s name and never used for the benefit of the other.

However, these rules aren’t without exception, and one of those is the transmutation of non-marital property. Those filing for a divorce in Gary should educate themselves on this issue, particularly if they own a small business.
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Those exploring the possibility of filing for a divorce in Saint John, Indiana should be aware that prior and pending criminal cases could impact the division of assets in your divorce.

This is true regardless of whether the alleged crimes were financial in nature because the court could find that the actions amounted to a type of financial misconduct. This could be grounds for skewing the asset division in the direction of the non-accused party.

This is what happened in Lesko v. Stanislaw, reviewed recently by the Maine Supreme Court.
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