The Court of Appeals of Indiana issued a ruling on April 25, 2022, holding absent an agreement between the parties trial court judges cannot order the sale of real estate in a provisional order in a dissolution case. In Rambo v. Rambo, the husband and wife disagreed...
Collaborative Law
What does an Indiana parenting coordinator do?
In Indiana, the court may order divorcing parents to enter into parenting coordination. This process is a form of dispute resolution that focuses on the children in hopes that the parents can find a way to work together during co-parenting. The court most often...
2 myths about property division during an Indiana divorce
Many people beginning the divorce process have preconceptions about property division. Perhaps they have heard stories from friends, family members or even taken cues from television and think they know what to expect. State laws are sometimes different regarding...
Determining when consent is required in a stepparent adoption
Adoption by a stepparent can bring a family closer and provide a child with both financial and emotional security. Before an adoption can take place, the biological parent must consent to the adoption in most cases. A new case from the Court of Appeals of Indiana, In...
Can I modify my divorce decree?
When the judge issues your divorce decree, you may be perfectly happy with the result or sense problems from the beginning. After your divorce is final, you may be able to modify some aspects of a divorce decree, but not others. For example, you can rarely change the...
Is the concept of attachment really the best guide in custody cases?
During custody cases, people like to use the concept of "attachment" when discussing what type of arrangement might be in the child's best interest. But what does that mean and is it really the most useful guide for discussing custody? In general, people use...
Court of Appeals of Indiana rules on biology vs. best interest of the child
Indiana courts have long held that in custody issues, the best interest of the child should be their primary concern. A recent case before the Court of Appeals of Indiana puts that idea to the test. In G.S., Jr. vs. H.L., the court had to choose between a child's...
When do you need a second parent adoption in Indiana?
The laws regarding same-sex marriage and parents have changed rapidly over the last decade. Our state has gone from offering very few rights to same-sex couples to embracing nearly full equality. This transition has left a few holes in our legal system, however. Many...
Court affirms grandmother’s custody rights over mother’s objections
The legal standard for custody decisions in divorce cases is the best interests of the child. Sometimes that means custody may go to a third party, like a grandparent – even when a parent is available. For example, in In Re the Matter of: Paternity of W.M.T. (Ind....
What is “collaborative” divorce?
Traditional litigation is not the only way to resolve divorce issues. Depending on your circumstances, negotiation or mediation can be effective approaches. You may have also heard, however, of a procedure called collaborative divorce. What is that procedure and why...
