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When it comes to divorce filings, January is king.In fact, the first Monday after the children return to school from the winter break is actually when we see more divorce filings than any other day of the year.

Our Lake County divorce lawyers know there is no one-size-fits-all explanation. As with any other matter of the heart, it often comes down to a complex set of factors all converging at once.

But that doesn’t mean you should fail to be strategic. Our divorce lawyers know that proper planning is key to ensuring you start the new year – and the first part of the rest of your life – off on solid ground.

One reason January may see so many filings is that unfortunately, the holidays tend to bring out some of the worst in people. Or at the very least, it can be a time of intense stress, and it can cause tensions from other, long-festering disagreements to bubble to the surface. Plus, couples with children really try to their best to hold it all together during the holidays, even when there are serious underlying issues. They either do their best to really give it their all one last time, or they commit to giving the kids one last holiday season of togetherness.

After the first of the year, people find they can no longer take it, or they have already made up their minds to act. It becomes a personal deadline: If it’s still not working by New Year’s, I’m done.

The founder of DivorcedWomenOnline.com says they see the most page views the day after Christmas. People begin looking for information before the new year even starts, but they often wait until the attorneys are back in the office. They may even give themselves a few days or weeks to mull it over before finally deciding to pull the trigger.

Then you consider that the whole sentiment that a new year brings: Fresh start, clean slate, new beginnings. It pushes people to really assess what they want in life, whether they’re truly happy or whether it’s simply not working.

But one reason we may end up seeing a larger-than-normal number of January filings is that we as a country experienced a slight economic uptick in the last several months. It’s well-documented that economic downturns actually cause people to stay in unhappy marriages for longer. Divorces, even when they are good for everyone involved in the long run, do cost money. It’s not just about filing fees and lawyer costs. You have to consider the cost of essentially halving your monthly income and/or doubling your monthly expenses. But truthfully, divorce shouldn’t be a luxury. If you aren’t happy or if you have been seriously wronged or especially if you are in an abusive relationship, getting out now will find you better off down the road.

And all of this is going to be true whether you file in January or June or September. No matter what month you file, you are going to have to make the same considerations.

What we absolutely would not advise is to rush a divorce filing without first consulting with an experienced divorce lawyer. It’s often better to wait and file in March with all your ducks in a row than to hurry and file in January without being organized. Still, every situation is different. Call us today to see what is truly the best course of action for your situation.
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The dangers of drowsy driving have become a major topic of conversation in recent years as it has become increasingly clear that fatigued driving presents many of the same risks as driving drunk (impaired reflexes, inability to slow or swerve to avoid a crash, etc.).

Our Hammond injury attorneys encourage you to take the risks seriously, and get medical help for sleep disorders or persistent problems pertaining to sleep.

The New York Times indicated that a CDC study had found drowsy driving to be widespread. One piece of good news, on the other hand, was a study on Money News indicating that more people than ever before aregetting treatment for sleep disorders.New Drowsy Driving Data Shows That Many are Taking Risks
The bad news is that, according to the New York Times, a study conducted by the CDC has revealed that millions are driving even though they are way too tired to actually be safe behind the wheel.

The CDC study involved the collection of data from 19 different states throughout the U.S. as well as from the District of Columbia (D.C.). Researchers asked a total of 147,000 individuals to answer detailed questions on their sleeping patterns, on their driving and on their work.

According to the study:

  • Younger drivers ages 18-44 were most likely to drive drowsy. Over 5 percent of survey respondents in this age group reported falling asleep or nodding off while driving at least once in the prior month.
  • Older drivers were least likely to drive drowsy. Among the 65+ group of survey respondents, only 1.7 percent said they had fallen asleep as they were driving.
  • When taking the average of all drivers, 4.2 percent said that in the month before they were surveyed, they’d fallen asleep while driving. This goes beyond just feeling a little tired- they actually fell asleep.

These numbers may seem surprising, since it is hard to believe that so many people actually fall asleep even for a few seconds behind the wheel. Still, they are reflected in the statistics on drowsy driving deaths. In 2009 alone, 730 people lost their lives in fatal car wrecks as a result of a distracted driver.

The Good News: More Are Getting Help
While hundreds of deaths per year and millions driving drowsy are certainly clear and unequivocal indicators that something has to be done about drowsy driving, the good news is that many people are taking matters into their own hands.

Those who snore or who are sleep deprived are more likely to drive drowsy, the CDC study says, and many of these people are getting help at sleep centers nationwide.

In fact, so many people are seeking assistance with their sleep problems that Money News reports the American Academy of Sleep Medicine has now accredited its 2,500th sleep center. There are now more sleep centers accredited than at any time since the Academy began the accreditation process in 1977 and there are double the number of centers from just a single decade ago.

More sleep centers accommodate more people getting treatment and hopefully those who solve their sleep issues will drop out of the ranks of drowsy drivers and make the roads safer for all.
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This New Years, you could make the same old resolutions you always do: to be nicer to your family, to lose weight, to go to the gym, arrive on time, to stop procrastinating… all of these are top resolutions that many people make and then forget about a few weeks into January. You also have another option though. You could make a very important resolution and one that could potentially save your life or the lives of others.You could resolve to become a better, safer and more cautious driver in 2013. This is a resolution that our personal injury attorneys urge every driver to make.

Why Resolve to Become a Safer Driver?
There are hundreds of reasons why every single driver in Indiana should resolve to do better in 2013. In fact, to be exact, there are 674 reasons why Indiana drivers should resolve to make safer driving decisions. Because there were 674 fatal accidents in Indiana in 2011 according to the 2012 Indiana Traffic Safety Facts.

These 674 fatal Indiana accidents caused 749 deaths in the state. There were also 188,132 traffic accidents in 2011 that caused either injury or property damage. A good portion of these crashes did not have to happen, but they did because people made bad driving choices.

How Can You Become a Safer Driver in 2013?
Resolving to become a safer driver isn’t just an abstract or vague resolution. There are some very specific driving behaviors that you can resolve to put an end to, and some very specific things that you can resolve to do during the New Year. For example, you should resolve:

  • Never to speed under any circumstances. 19.4 percent of fatal accidents (131 total) were related to speeding and 9.3 percent of all crashes in the state were attributed to drivers going too fast.
  • To always drive sober, every time. In 2011, 133 fatal accidents and 140 deaths in Indiana were attributed to drunk drivers. This means that intoxicated drivers were involved in 20 percent of the fatal accidents in the state.
  • To wear your seat belt for every trip, even short trips. Only 48 percent of those who were killed in auto accidents were known to be wearing their seat belt at the time of the crash.
  • To talk to your teenager about safe driving if you are a parent. Drivers ages 16-17 had the highest rate of crash involvement.

Yielding at intersections, refraining from tailgating, watching out for bicycle riders and pedestrians, and showing appropriate respect to other drivers on the road are also some things that you can do in 2013 in order to keep your safe driving resolution.

As you resolve to become a better driver in 2013, you should also encourage everyone you know to make the same promise. All drivers have a responsibility to be reasonably careful on the road. Someone else’s failure to follow the driving rules or to exercise the appropriate care could still result in a crash no matter how careful you are behind the wheel. In that case, speaking to an experienced personal injury or wrongful death law firm can help ensure your rights are protected.
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If you are trapped in an unhappy marriage, then the New Year may mark a time when you begin to consider your options and to think about what you want to do with the rest of your life. If divorce is on your agenda for 2013, then you should also start thinking practically about how you are going to get ready to dissolve your marriage.Our Hammond divorce lawyers urge you to start your preparation now if you are considering divorce. By getting your finances and personal situation in order and by starting the planning process for ending your marriage early, you can help to facilitate a fair and expedient divorce that results in a reasonable settlement for you and that doesn’t drag on for months of expensive and emotionally draining battles.

Steps to Take To Get Ready for Your 2013 Divorce
Here are a few key steps that you should take if you are considering getting divorced this year:

  • Make copies of all relevant financial paperwork and documents. In the early months of 2013, tax information will be sent out by employers, investment accounts, loan accounts and other businesses and entities you have a financial relationship with. Be sure to make copies of ALL financial forms and documents that come your way so that you’ll be prepared when it comes time to negotiate a financial settlement.
  • Start saving up some cash. When you are separated from your spouse, you’ll have to support two households instead of one. You need to have some money set aside so you can be prepared. You’ll also need some cash to pay for legal fees and divorce costs.
  • Apply for credit in your own name if you don’t have any credit already. You will need to have a credit history if you want to rent an apartment, get a car loan or get a credit card of your own.
  • Take an inventory of personal and marital property and write down the assets and debts that you have accumulated. This will help you to see where you stand financially and it will also give you a good jumping off point when you start the negotiation process during your divorce.
  • Stop posting personal details on your social network or sending emails that you wouldn’t want anyone else to see. When you post things online or send emails, you leave an electronic trail behind that could cause you some serious problems when it comes time to divorce.
  • Evaluate your health insurance situation. If you are on your spouse’s plan, then start to think about what your options will be post divorce. You may have only a limited amount of time to enroll in a plan with your own company during an open enrollment period and you should find out when that is and whether you will be eligible if you suspect you’ll be divorcing and losing coverage.

Finally, the last and most important step to take is to talk to an experienced divorce lawyer. The earlier you speak to an attorney, the more informed you will be about how to prepare for divorce and about what your rights will be during the divorce process.
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New Years is supposed to be a time to celebrate the end of one year and the coming of another. Tragically, for some, the new year will never come because of a fatal drunk driving crash. For others, the new year may begin in a jail cell after a drunk driving arrest.

These concerns about New Years drunk driving are very real, as the dangers significantly increase around the holiday. In fact, according to Drive On, one of every 10 teens responding to a recent survey admitted to driving drunk on New Years Eve. Last December, Auto Guide also published an article indicating that New Years is the worst day for drunk driving, with almost half of the fatal car accidents on New Years involving a drunk driver.Our Munster accident attorneys urge everyone to make the choice to drive sober on this New Years. We also encourage parents to talk to their teenagers and establish rules and guidelines to ensure that they won’t be one of the large percentage of teens driving drunk.

Curbing Drinking and Driving Over New Years
Because New Years is such a dangerous time for drunk driving, the Governors Highway Safety Association (GHSA) has a Drive Sober or Get Pulled Over Campaign that works with the individual states throughout the U.S. to both enforce drunk driving laws and to educate the public.

The Drive Sober or Get Pulled Over website has indicated that Indiana will have increased law enforcement on the streets over the New Years holiday in order to try to identify and stop drunk drivers. Further, while Indiana ended their statewide Safe Family Travel enforcement blitz on December 2, the Criminal Justice Institute’s Traffic Safety Division is continuing their public service campaign by using sporting events and other media efforts to educate the public on drunk driving dangers.

With MADD reporting a total of 207 drunk driving deaths in Indiana throughout 2011, the hope is that the increased New Years enforcement efforts and the increased driver education will help prevent any deaths during the New Years holiday.

Stay Safe and Sober
Staying safe and sober on New Years is the responsibility of every driver in Indiana, both to comply with drunk driving laws but also to help save lives. Drunk driving is an extremely dangerous practice and if you choose to drive drunk on New Years, you put every driver and pedestrian on the road in danger.

To help ensure that you have a safe holiday:

  • Always have a designated driver (DD).
  • Make sure your DD doesn’t have a drink.
  • Have cab money or a backup plan in case you need help getting home.
  • Keep an eye on friends and remember that friends don’t let friends drive drunk.
  • Find out where your teen is going to be, who he is going to be with and how he is getting home. If your teen is going to a party, talk to the parents and make sure it will be supervised. If necessary, offer to drive your teen yourself so you know he or she won’t get in the car with a drunk driver.

By following these tips, you make yourself, your kids and every other driver on the road a little safer this New Years holiday.
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Many people like to entertain guests over the holiday season, and holiday parties can be great fun for everyone. Unfortunately, things can also go wrong at holiday parties. When guests get hurt or hurt others, tragedy can result and the homeowner or host of the party can be held legally responsible for the consequences.

To keep your guests safe and to protect yourself from legal trouble, our Highland personal injury attorneys have a few tips for you about how to be a responsible party host.Keeping Guests Safe In Your Home
One area where potential legal liability arises is premises liability law. This area of law says that when you invite people over, you have a duty to them. You have the duty to keep them safe from any possible dangers that exist in your home that you either know about or ought to know about. You can do this by correcting the hazard, whenever it is feasible to do so, or by warning your guests that the hazard exists. If you fail to do this and your visitors get hurt, you can be sued. This includes dog bites or other injuries caused by household pets.

As a practical matter, this means when you’re throwing a holiday party, part of being a good host is to repair anything dangerous in your home or to tell your guests about problems. For example, an icy walk should be shoveled so no one slips, and a broken railing either needs to be repaired or pointed out as a possible danger.

Keeping Guests and Others Safe on the Streets
Your responsibility for your guests does not end at your doorstop in Indiana. Indiana has laws commonly known as social host laws. Social host laws are a form of dram shop law; dram shop laws apply to make bar and restaurant owners responsible for serving alcohol to someone who is visibly intoxicated or who is a minor.

Under Indiana’s social host laws, it isn’t just those who sell alcohol who are responsible for the consequences of their choice. People who have parties or provide alcohol to guests, even those over 21 years of age, can become liable to the victim of an accident.

As a homeowner or individual throwing a holiday party, you can become responsible if:

  1. You serve alcohol to someone who is visibly intoxicated or who you should know is intoxicated.
  2. Your decision to serve this alcohol is a direct or proximate cause of injury or death.

This means that if someone is drunk, you give him alcohol and the individual leaves your house and is involved in a drunk driving crash, you could potentially become legally liable for paying damages.

How to Be a Good Host and Avoid Legal Liability
No one wants to be sued because of a holiday party. As such, when you invite guests over this season:

  • Do a basic inspection of your house to make sure there’s nothing dangerous that could cause injury. If you have any obvious hazards, correct them or be sure to warn your guests.
  • Either limit the alcohol that you serve, have guests stay over, or find out at the start of the night who the designated driver is.
  • Supervise any parties thrown by your teenager to make sure there is no alcohol and that no one leaves your house drunk.

By following these tips, hopefully all of your guests will stay safe both at your party and on the way home and you won’t find yourself starting the New Year facing a personal injury or wrongful death lawsuit.
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The holidays are a time when many people opt to visit elderly loved ones in nursing homes. This provides an important opportunity not just for visiting and sharing holiday joy, but also for checking in with the senior in your life and making sure that he or she is OK.

Unfortunately, there are far too many seniors in nursing homes who are not OK because they are the victims of elder abuse or neglect. Our Munster nursing home abuse attorneys want to remind every visitor to a nursing home this holiday season to be on the lookout for potential red flags or signs of trouble that could indicate problems in the nursing home.Elder Abuse a Widespread Problem
While it may seem unthinkable, elder abuse is a widespread problem in Indiana and throughout the United States. While many cases go unreported and it is difficult to get exact figures, estimates from the National Center on Elder Abuse indicate that anywhere between 1 million and 2 million individuals aged 65 and older are victimized by some type of elder abuse or neglect.

Both abuse and neglect can be devastating to a senior’s health and well-being. In fact, the Senior Journal has reported that elderly individuals subject to mental or physical abuse have a three times greater risk of passing away within three years of the abusive or wrongful behavior than a senior who is not victimized by bad treatment.

Spotting Signs of Elder Abuse
Elder abuse can be physical, financial, mental or emotional. It can also include being neglectful and depriving a senior of care. There are a variety of different signs that abuse is occurring and family members should be on the lookout for indicators of abuse. The National Center on Elder Abuse offers some things to be on the lookout for including:

  • Pressure ulcers (bed sores)
  • Cigarette burns or other unexplained burns
  • Lacerations
  • Bruises that cannot be explained
  • Any injuries that cannot be explained
  • Inadequate personal hygiene
  • Dirty or unhygienic living conditions
  • A significant decrease in weight or signs of malnutrition
  • Dehydration
  • Unexplained or unexpected mood changes, including depression or anxiety
  • Genital bruising or an STD
  • Financial transactions that are unusual or that cannot be explained
  • Missing property or money

If you identify any of these potential signs of abuse, it is very important that you take appropriate action. The holidays are a time when nursing homes are aware that residents tend to have more visitors than at any other times of the year. As such, even most bad nursing homes will clean up their act during this time. If the nursing home you visit is being abusive or neglectful during this season, things are likely to be much worse at other times of the year.

Indiana provides resources for those who suspect elder abuse through the Family and Social Services Administration. Details on adult protective services as well as on nursing facilities in the state can be found on their website.
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The case of D.C. v. J.A.C., Indiana Supreme Court, reveals the complexities of move-away custody cases in Indiana.Because the question at hand involves a parents’ current and future relationship with their children, our Munster divorce lawyers know that these cases often involve heightened emotions and can quickly become bitter.

We understand that this is not a matter you want to leave to chance. That’s why we are dedicated to fighting for your rights and the best interest of your child’s future.

In this case, mother and father married in 1997 and had one child, a son, who was born six years later. When the child was 5 years-old, his parents decided to divorce, and at the time, they agreed to share legal custody of him. The agreement indicated that while the mother would be provided with physical residential custody (meaning this is where the child sleeps overnight), the father was granted parenting time consisting of two weekends a month and three overnight visits each week.

This arrangement worked well until the mother filed a notice in the summer of 2010 of her intention to relocate. She filed what is called a motion for temporary order permitting relocation. While that motion was pending, she moved with the boy to Nashville, Tenn. However, the following month, the court ruled on the matter, denying her motion. The mother complied with the court’s order to return the child back to Indiana.

At this point, the father filed a motion to modify custody in order to prevent the boy’s move, under Ind. Code 31-17-2.2-1. Under this statute, the parent who wishes to move holds the burden of proof in showing why the move is both legitimate and in good faith. For example, moving for the sole purpose of keeping your child away from his or her other parent is a request almost certain to be denied by the court, except for extenuating circumstances such as proven abuse or long-term incarceration.

In this case, the court responded by first appointing a guardian ad litem for the child. A few months later, a hearing was held, and the GAL testified that he didn’t believe a move out-of-state was in the child’s best interests. Other testimony considered was that of not only the mother and father, but both paternal and maternal grandmothers and the child’s godfather.

The district court sided with the father, providing that both parents would continue to hold joint legal custody, but the father would now be the primary physical custodian, and the mother would receive parenting time during any school holidays and other times she came to visit.

The Indiana Supreme Court then affirmed the trial court’s decision, finding that the neither the findings nor the judgement were clearly erroneous, as required for a reversal in these cases.

When the court is weighing whether to grant relocation, the following are the primary considerations:

  • The distance involved;
  • The hardship expense for the parent who is staying in-state to exercise his or her parenting time or grandparent visitation;
  • How feasible it will be for the child to maintain a relationship with the non-custodial parent;
  • Whether there is an established pattern of conduct on the part of the parent who is moving that indicates he or she is trying to curb the relationship between the non-custodial parent and the child.
  • The reason for the move (i.e., work, to care for an ailing parent);
  • Other factors that are considered in the best interest of the child (the child’s age, sex, relationship with siblings, school, church, etc.).

Regardless of the details of your case, call us today to see how we can help.
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Officials with the Indiana Department of Transportation and our Highland car accident lawyers want you to be safe out there during this winter season.

As the temperature drops, the risks for car accidents increase. We’re asking you to review the following tips and to keep this is mind — Ice and Snow, Take it Slow! Be ready for the winter:

-Before you get behind the wheel, you should look into the driving conditions. You should check the weather reports along with the traffic reports. When there’s inclement weather, remember to just take is slow and easy. Rushing only puts you at higher risks for an accident.

-Keep it clean. Before leaving your driveway or your parking spot, you should make sure that the windows, the headlights, the brake lights and your turn signals are cleared off. During the winter, you want to make yourself as visible as possible.

-Be sure to check your windshield wiper blades, the fluids under the hood, the belts, the hoses and the lights are all properly working, A breakdown is dangerous on any day, but especially on a day with bad weather.

-Be on time. Make sure you leave for your destination with plenty of time to spare. By allowing yourself with enough time to get to where you need to be, you can avoid rushing. When drivers start rushing is when accidents happen.

Be careful when it’s wet:

-Whether it’s snow or ice, you want to slow it down. Fortunately, driers zip through these conditions with little regards to the risks. When the roadways are slippery, you want to slow it down and travel under the speed limit.

-Allow yourself with more room when following vehicles in slippery conditions. You need all the time and space to stop when conditions are wet.

-Be on the lookout for black ice. You may never even see black ice. Take it slow when coming up to intersections, bridges, off-ramps and even shady areas. All of these are prime spots for black ice.

-When visibility is reduced, your best bet is to slow down. You want to keep your distance from other vehicles and remain aware of your surroundings.

-It’s important to remember that 4-wheel drive isn’t going to save your life in these kinds of conditions. It might help you to get going faster when accelerating, but it’s not going to do much when braking. Be sure you’re just as cautious in a truck or SUV as you are in a passenger vehicle.

Stay safe around snow plows:

-Make sure you give them plenty of room to work. Don’t pass and don’t tailgate.

-Slow it down around these vehicles. They travel well below the speed limit.

-Remember that these operators can’t always see their entire surroundings as these vehicles have a lot of blind spots. Make sure you can see the driver when traveling near a snow plow.
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Non-custodial parents across the U.S. owe more than $100 billion in back child support, according to a report recently released by the federal Office of Child Support Administration.Our Highland child support lawyers understand that some $2.3 billion of that can be traced back to the Hoosier state, with 95 percent of the cases involving dads who aren’t paying.

For those who are owed child support, it’s important to know that hiring an attorney to help with the process can be beneficial for several reasons.

An attorney can file for many of the same actions against a deadbeat parent that government agencies do, including garnishment of wages, requesting license suspensions, filing for property liens and requesting a contempt of court order. However, the difference is that an attorney can help you bypass some of the red tape that is involved when you attempt to navigate the process on your own through the Indiana Department of Child Services and Child Support Bureau.

It’s particularly important in light of a new investigative report by ABC-6 in Indianapolis. Reporter Kara Kenney learned that state and local agencies spent more than $83 million during the most recent fiscal year to enforce and collect child support payments. These are agencies, like the civil divisions of sheriff’s departments, that are already cash-strapped and operating on limited resources.

In a single day when Kenney road along with a sheriff’s department team from Marion County, deputies were grappling with a stack of $263,000 in unpaid child support.

The state has set up a website to help track down the “Most Wanted Child Support Evaders.” Of the 18 listed, the payments range anywhere from $10,000 to $157,000.

One of the problems is actually getting the support order. It’s not a difficult process per se, but the issue is getting both parents there.Typically, all that is required is a paternity test and a brief analysis of the non-custodial parent’s income sources. From there, a formula is applied to determine how much the individual owes per child.

The bigger hurdle is enforcement. ABC-6 reported that the state of Indiana has fallen to 41st in the country in child support enforcement.

Plus, as the Marion County chief deputy prosecutor was quoted as saying, the courts are filled to the brim with cases, so there is a considerable amount of lag time as it relates to the backlog. In just that county, for example, the system handles more than 70,000 cases with about 80 full-time employees. That breaks down to about 875 cases per employee.

Several caseworkers are managing loads of several hundred each.

A number of custodial parents worry about the ability to afford an attorney to help fight their case when they’re fighting to make ends meet. But for many parents, they can’t afford not to. Relying solely on the state could mean you might wait months or years to see progress on your case. We are committed to producing results for you as quickly as possible.
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