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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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The Indiana Supreme Court recently reversed and remanded decisions in two similar family law cases regarding termination of parental rights due to a technical legal error. This means both individuals in question will have the opportunity to once again assert to the court why the state should allow them to retain their parental rights.

Gary family law attorneys recognize that these are some of the most wrenching cases, and the courts will decide them on the basis of what is in the best interest for the child.

A termination of parental rights ends the legal parent-child relationship. Once this is formalized, the child is available to become legally placed for adoption and is potentially eligible for certain state-provided benefits.
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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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Preservation of the integrity of the judicial process means that jurors should only weigh that evidence which is considered relevant to the case. Extraneous information could be unfairly prejudicial. It’s the judge’s job to act as referee to make sure this doesn’t happen.

Usually, the question of what can and cannot be heard by jurors is decided long before the personal injury claim goes to court. Numerous pretrial hearings will be held to hammer out any disputes with regard to what evidence is pertinent.

In some cases, evidence that is deemed inappropriate for the jury still makes its way into the courtroom, either due to rogue questioning by an attorney or misunderstanding of a witness or some other oversight. In these situations, the court might determine there are grounds for a mistrial or a retrial.
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It is not enough in medical malpractice lawsuits for the plaintiff to simply provide evidence of wrong-doing or negligence. Before you even get to court, your law firm must clear a number of critical hurdles.

There are statutes of limitations on the lawsuit, but there are also numerous deadlines for various filings that must be met before a claim can move forward.

Patients first have to file a complaint with the Indiana Department of Insurance, which will appoint a medical review panel of three physicians to evaluate the case. If there is one defendant, two of the three doctors must be from the defendant’s specialty. If there are multiple defendants, the department must try to make sure the panel displays the most appropriate representation possible.
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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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The National Highway Transportation Safety Administration (NHTSA) is looking to better protect your child in the event of an accident. Officials recently proposed upgrades to the current vehicle safety standards regarding child-restraint systems. The new measures would, for the first time, test their efficiency in side-impact tests for seats that carry children weighing up to 40 pounds.

“As a father of two, I know the peace of mind this proposed test will give parents,” said Transportation Secretary Anthony Foxx.

Our child injury lawyers in Highland understand that car seats are a child’s best defense against injury and death in the event of a motor vehicle collision. It’s not only critical that parents are selecting the proper seat for their child and that it’s being used correctly, but that manufacturers are making these seats to be as safe as possible. With this new testing system, we’ll be able to know just how safe they are when it comes to side-impact collisions.
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Law enforcement officials throughout the state will be cracking down on drunk driving during the Super Bowl weekend. It’s all a part of the “Fans Don’t Let Fans Drive Drunk”.

When it comes time for the big game, fans will be cheering either the Seahawks or the Broncos at a local sports bar, a restaurant or over at a friend or family member’s house. With these gatherings, we see a significant increase in the number of drunk driving accidents into the early and late evening hours. Many departments will have higher staffing levels to help get those dangerous drivers off of our roadways.

Our Highland drunk driving accident lawyers note these Super Bowl gatherings usually begin in mid-afternoon and extend deep into Sunday night, creating mayhem that rivals some of the other big drinking days, such as St. Patrick’s Day, Halloween, July 4 and the Wednesday before Thanksgiving, when kids returning from college regroup with their friends. Luckily, over 170,000 NFL fans pledged to be designated drivers this season – a new record! But that doesn’t mean we’re in the clear. We’re asking you to step up and do your part to help make our roadways as safe as possible during this year’s Super Bowl extravaganza.
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Our kids spend more than a quarter of their waking hours at school, or commuting back and forth. We expect that when we send them there, they will be safe and protected.

Sadly, this is not always true. A recent report indicated that one out of every 14 students this year will suffer some type of unintentional yet temporarily debilitating injury while at or commuting to school. That’s approximately two children per classroom, and runs the gamut of everything from a school bus crash to a concussion during gym.

Another recent study, this one conducted by researchers with the Brown University Alpert Medical School and published in the journal Pediatrics, indicates that some 90,000 children are treated in emergency rooms across the country for violent acts that occur at school.
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8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

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