divorce lawyer Indiana

Last year, a landmark U.S. Supreme Court decision opened the doors for same-sex partners across the country to obtain a marriage license – and to have those marriages recognized in any state across the country. Since that ruling, many same-sex couples have married in Indiana.

But there are still some gray areas in our nation’s civil court systems with regard to these relationship. Take for example the recent case of Luttrell v. Cucco, weighed in on by the Virginia Supreme Court.

At its core, this case was a dispute over spousal support. As is common in many temporary spousal support agreements, a provision indicated that the support agreements were subject to termination in the event of “cohabitation,” as defined in Va. Code 20-109. The law states that maintenance and support of an ex-spouse may be discontinued upon cohabitation, remarriage, or death. Specifically, the law states that an ex-spouse who has been “habitually cohabitating with another person in a relationship analogous to a marriage for one year or more” is subject to termination of spousal support benefits. Continue reading

In Indiana, marital property is commonly referred to as a “marital pot.” It is all the assets and liabilities a couple shares in the course of their marriage. When they are divorced, in essence everything gets poured into a “pot,” and it’s up to the court to decide the best way to equitably divide it all.

There is a legal presumption under Indiana law that property will be divided equally (50/50). However, parties can overcome that presumption by rebutting it with evidence to show why there should be a deviation. The goal isn’t always totally equal division, but rather equitable (fair) division in light of the circumstances.

Division of property is often one of the most contentious aspects of any divorce, and it’s one that often makes it to the appellate courts when one or both parties disagree with trial judge’s ruling. Such was the case in Carie v. Carie, recently before the Indiana Court of Appeals. Continue reading

Articles Tagged with divorce lawyer Indiana

Luttrell v. Cucco – Same-Sex Couple Cohabitation Affects Spousal Support Payments

Carie v. Carie – Division of Property and the “Marital Pot” in Indiana Divorce