Cross Glazier Reed Burroughs, PC

What financial issues arise in an Indiana empty nest divorce?

2026-08-04T22:19:20Z

When your youngest child leaves for college, your household enters a new stage. If you are considering divorce after a long marriage, you may have pensions, investments, several properties and old estate plans to address. Seeing how these assets connect can help you prepare for the decisions ahead.

Evaluating pensions and retirement benefits

Indiana includes property owned by either spouse in the marital estate. Courts start by assuming an equal division is fair. An inheritance, gift or large gap in earning power may support a different result. For each pension or retirement account, ask:

What are future pension payments worth today?
Does the plan require a qualified domestic relations order (QDRO)?
How will taxes and payments after the plan holder’s death affect what each spouse receives?

These details can affect how retirement benefits compare with other assets in the marital estate.

Valuing multiple real estate holdings

A property portfolio involves more than market values. Each property may have debt, rental income, expenses and tax costs. Legal and financial professionals can review appraisals, selling costs and past tax deductions. They can also calculate any taxable gain. Possible settlements include selling properties, assigning properties to each spouse or balancing property value with cash or retirement assets.

Considering income after a long marriage

An income gap does not lead to spousal maintenance. Indiana allows court-ordered maintenance only in limited cases. These include a disability that limits self-support, full-time care for a child with a disability or short-term education or training. Maintenance for education or training cannot exceed three years. If your marriage lasted at least 10 years, you may qualify for Social Security benefits based on your former spouse’s earnings record. You generally must be at least 62, unmarried and meet other federal rules.

Coordinating financial and estate plan changes

Your will, trust and power of attorney may still name your spouse. The same may apply to your health care directive and forms that name who receives account or insurance benefits. State law, court orders and individual plan rules may affect when you can make changes. Timing also matters for other financial decisions. Retirement payments may become difficult to revise once they begin, and a property sale cannot be undone after closing. Reviewing deadlines and plan procedures before settlement can help ensure the final agreement can be carried out as intended.

Firm earns Band 1 recognition in 2026 Chambers High Net Worth Guide

2026-08-04T21:59:00Z

Chambers and Partners has again recognized Cross Glazier Reed Burroughs, PC, as a Band 1 law firm in Indiana. In the 2026 High Net Worth Guide, our firm and three attorneys received top-tier rankings in Family and Matrimonial Law.

A legacy of excellence in Carmel and beyond

Chambers and Partners is widely considered the gold standard of legal rankings, conducting rigorous independent research to identify the world’s leading lawyers and law firms. For 2026, the guide highly recommends Cross Glazier Reed Burroughs, PC, for the whole team’s years of experience in handling complex, high-net-worth divorce cases, intricate property divisions and collaborative law.

Individual honors for 2026

While we are proud of the firm’s shared success, we also want to recognize three of our partners named in the Family/Matrimonial: High Net Worth category. Chambers and Partners highlighted them for their strong work and commitment to clients handling complex, high-stakes matrimonial matters.

James Reed

James has represented high-profile individuals and business owners over his decades-long legal career. He has been recognized many times by Indiana Super Lawyers, The Best Lawyers in America for family law and now by Chambers as a Band 1 attorney. James has handled a wide range of cases, making him a trusted resource for divorce and family law matters in Indiana and beyond.

Kathryn Burroughs

Kathryn earned her Family Law Specialist certification in 2002 and is a board member of the State of Indiana Independent Certification Organization. Appointed by the Indiana Supreme Court, she also serves on the Indiana Board of Law Examiners and the Indiana Child Custody and Support Advisory Committee.

Lana Pendoski

Lana practices in all areas of family law. She is trained as a Parenting Coordinator and is a registered domestic relations mediator. Lana also leads the Indiana Continuing Legal Education Forum’s Family Law Mediators CLE/CME. She frequently speaks on divorce and other family law topics.

What this means for our clients

For clients with major assets and complex family situations, these rankings provide extra reassurance. Our inclusion in the High Net Worth Guide also shows our commitment to discreet, effective representation. Whether through litigation or collaborative law, we always aim to protect our clients’ interests and financial futures. Please join us in congratulating James, Kathryn and Lana on this prestigious achievement.

Can you do collaborative divorce if you do not get along?

2026-06-23T19:28:13Z

Couples facing the end of a marriage may have a persistent misconception about alternative dispute resolution. When people hear “collaborative divorce,” they picture a couple calmly agreeing on everything. If your marriage is ending in conflict, you might assume your only option is a costly courtroom battle.

That assumption is a myth. Collaborative divorce is a structured, professionally managed system built to handle high tension and navigate complex disputes outside the public record. Choosing it simply means both spouses prefer to stay in control of their financial future and parenting arrangements, rather than leaving those decisions to a county judge.

The professional team: managing the tension

Instead of placing two people in conflict across a negotiating table, the collaborative process surrounds the family with a dedicated team of neutral professionals:

Collaboratively trained attorneys: Each spouse retains independent legal counsel focused entirely on interest-based negotiation and managing hostility, not winning arguments in court.
A neutral financial professional: A neutral forensic accountant or financial planner removes the emotion from complex asset division — such as executive stock options or business interests common in Hamilton County and Boone County households, and builds transparent, accurate valuations.
A family specialist: A neutral mental health professional who manages communication between both parties, helps create the best outcomes for children, keeps the process moving by spearheading the meetings, and making sure unresolved grievances do not derail productive progress.

The disqualification clause: a built-in incentive for resolution

The mechanism that keeps the collaborative process moving is the disqualification clause, a binding contractual agreement both spouses and their attorneys sign at the start, called a Participation Agreement. Under this agreement, if negotiations permanently break down and either spouse takes the dispute to court, the collaborative process ends immediately. Both collaborative attorneys must withdraw, and each spouse has to hire entirely new litigation counsel and start over from scratch. This creates a strong financial and practical incentive for both parties to stay at the table and work through difficult moments rather than walk away. Working with an experienced Indiana family law attorney ensures your rights stay protected throughout the process and puts you in the best position for a stable, secure outcome for your family.

Addressing support concerns when college-bound teens graduate

2026-04-29T22:00:15Z

Parents who receive or pay child support may worry about the implications of a young adult turning 18 and graduating from high school. The newfound legal independence that comes with lawful adulthood can immediately end shared custody and parenting time orders. Teens may begin refusing to spend time with one of their parents, and an enforcement action against the other parent is likely not an option. Additionally, teenagers who recently became adults may only be eligible for child support until their 19th birthdays in most cases. Despite the state treating 19 as the age of financial emancipation, young adults often rely on their parents for financial assistance well into their 20s. Parents who know that their teens are college-bound can take steps before a child's 19th birthday to ensure they have the financial support they need to pursue their academic ambitions without taking on a life-altering amount of student loan debt.

How college support works

Either parent can petition the courts to review a child’s educational plans and help with post-secondary educational expenses. The courts can agree to issue a Post-Secondary Educational Support Order that addresses college tuition, room and board expenses and other costs incurred by children enrolled in post-secondary education. Parents can agree to a specific division of financial responsibility with one another, or the courts can impose a financial responsibility on both parents. Normally the child is responsible for a portion of the costs as well. A Post-Secondary Educational Support Order can help address the staggering costs generated by college enrollments. However, it is important to note that post-secondary support is not the same as traditional child support for a minor child under Indiana law. The state's ability to enforce an order related to college expenses is not comparable to the enforcement actions available for the support orders in place for minors. Parents concerned about the implications of a child's 18th birthday or impending high school graduation should discuss their legal options with an experienced child custody and support attorney. The right legal guidance can help parents do what is best for their children and minimize co-parenting conflict related to a child's educational ambitions.

Thinking of moving? What Indiana co-parents should consider before deciding to move

2026-04-06T17:34:56Z

Moving across town or across the country is a major life transition that involves more than just packing boxes, especially when a co-parenting agreement is in place. If you are weighing the possibility of a move, there are several logistical and legal factors to keep in mind to ensure the process goes as smoothly as possible for both you and your child.

Key factors to consider before relocating

When evaluating a change of residence, it is helpful to look at the move from several different angles:

The scope of the move: Are you considering a move to a different neighborhood within the same city, or a transition to an entirely different state? The distance involved often dictates which legal requirements apply.
School districts: How will the move affect your child’s education? Consider whether the move involves staying within the same school district or if a transfer will be necessary, and how that might impact your child’s social and academic stability.
Timing: The "when" is often as important as the "where." You may want to consider how the move aligns with the school calendar, holiday schedules, and the specific notice deadlines required by Indiana law.
Available options: It is worth exploring all paths, such as whether a move within the current county achieves your goals or if a long-distance relocation is the only viable solution for your career or family needs.
The impact: Every move changes the dynamic of parenting time. Consider how a change in location might necessitate updates to transportation arrangements, child support, or the parenting time schedule, including transportation to and from parenting time.

Understanding the procedural landscape

In Indiana, relocation is governed by specific statutes that apply to any parent with custody or parenting time rights. If a move is on the horizon, consider the following procedural elements:

Notice requirements: There are strict timelines for filing a "Notice of Intent to Relocate" with the court. Understanding these deadlines is essential for staying in compliance with your current court orders.
The response process: If a co-parent receives a notice of relocation, they have a specific window of time to agree to the move, suggest modifications to the current schedule, or file an objection.
The best interests standard: If the move is contested, the court typically looks at whether the move is made in good faith and how the change will impact the child’s overall well-being.

Navigating the intersection of family life and relocation law can be complex. Because every family dynamic is unique, it is best to talk to a lawyer about your specific situation to ensure your rights and your child's interests are protected. The earlier you can become informed on any possible move and its legal and practical ramifications for your family, the better equipped you will be to make a well informed decision.

Indiana’s unique approach to property division during divorce

2026-02-02T21:51:21Z

If Indiana courts must settle property division disputes, the goal is to establish a fair or equitable settlement. However, the assets that are subject to division can be substantially different if the divorce occurs in Indiana as opposed to other jurisdictions. Spouses preparing for an Indiana divorce generally need to learn about Indiana's “whole pot” rule in order to advocate for their interests effectively.

Indiana doesn't recognize separate property

Resources acquired prior to marriage become part of the marital estate or the pot of marital property once spouses marry. In other words, neither spouse has the privilege of excluding specific resources from division in a divorce just because they owned them prior to the marriage. Spouses do not need to combine their premarital assets with marital property or add their spouses to ownership records to put their resources at risk of division when they divorce. It is sometimes still possible for spouses to protect certain resources by negotiating marital agreements with one another. However, without a prenuptial or postnuptial agreement in place, any assets owned by the spouses and any income they earned is at risk of division during the divorce. Learning more about Indiana's approach to marital property division can be beneficial for those concerned about preserving resources to rebuild with after a divorce. Yet, especially in cases where spouses cannot agree on what is fair and are likely to litigate, those preparing for divorce may need support and guidance when navigating the law, and that’s okay.

Addressing marital debts during divorce negotiations

2026-02-02T21:16:33Z

Property division is often the largest practical challenge that spouses face during divorce negotiations. Spouses in Indiana may disagree about what arrangements are fair and appropriate. Frequently, spouses focus primarily on property that they own during property division negotiations. However, they also need to address the debts that they owe. Credit cards, car loans, student loans and other financial obligations can have a profound impact on the financial circumstances of spouses after they divorce. Addressing financial obligations appropriately is important for people’s financial stability after they divorce. What typically happens to debts during divorce proceedings?

Spouses share responsibility

The name on an account does not determine which spouse is responsible for that debt in the event of a divorce. All debts are part of the marital estate unless there is a premarital or postmarital agreement addressing those debts. Spouses generally need to split responsibility for their joint debts when they divorce. The most effective means of doing so differs from one case to the next. Some people intentionally seek to avoid direct responsibility for debts and may push their spouses to accept more debts, possibly in exchange for more marital property. While that approach may feel like a fresh start or a clean break, there are risks involved. If the spouse who agrees to assume the debt defaults on it or files for bankruptcy after divorce, the other spouse may ultimately end up responsible for paying those debts. If they fail to do so, they could face collection activity, credit report blemishes and possibly litigation. Some spouses agree to liquidate marital assets during a high-asset divorce as a means of effectively resolving any lingering marital debts. While this arrangement might diminish the resources that they have in the future, the spouses may prefer to avoid the risk of a future default. Assessing both overall resources and financial obligations can help people establish clear priorities and ensure their financial protection during property division proceedings. Debts of both spouses regardless of when they were accrued can be as important to address effectively as valuable marital property.

Why you need a divorce attorney

2025-12-11T20:24:01Z

Divorce in Indiana may place your future in the hands of the court, and every decision in that setting carries long-term consequences. You cannot treat it as just paperwork or procedure because the outcome determines the structure of your property, obligations and family life after the case ends. A divorce attorney makes sure you enter that process prepared, and here are the ways they do it.

They help you meet Indiana divorce requirements

Every divorce requires you to file the correct documents, meet deadlines and follow court procedures. If you leave paperwork incomplete or miss deadlines, your case stalls or even ends. An attorney keeps the process on track. They make filings accurate, schedule hearings properly and meet requirements under Indiana law.

They protect your financial interests in divorce

Indiana follows equitable distribution. That means the court divides property fairly but not always equally. In practice, you must disclose every asset and provide accurate valuations. If you own multiple real estate holdings, business interests or retirement accounts, full documentation should be disclosed. An attorney works with appraisers, accountants and financial experts. They confirm asset values, disclose liabilities and structure settlement proposals that protect your long-term financial position.

They resolve custody and support matters

When children are involved, the court considers statewide guidelines to determine custody, parenting time and financial support. These rules leave room for interpretation and arguments, especially when parents live in different school districts, work demanding schedules or earn incomes that don’t fit standard calculations. An attorney presents the information clearly. They propose workable arrangements and resolve disputes before they turn into drawn-out conflicts in court.

They represent your case in court

When disagreements remain unresolved, the court decides the outcome. Those decisions depend on how you present your evidence. If you need to show the value of a business, explain disputed parenting time or clarify financial records, an attorney prepares that information in the way judges expect. This preparation strengthens your position and prevents critical issues from staying open to interpretation.

They give you a clear path forward

Divorce reshapes your finances and family life. You gain the most when you resolve it with precision the first time. By working with an attorney, you complete the process correctly under Indiana law and avoid problems that surface later. Legal guidance allows you to close one chapter and move forward with stability and confidence.

Thinking about divorce after the holidays?

2026-01-09T21:41:28Z

Many people delay filing for divorce until the holidays. They may be trying to protect kids, keep family peace or avoid awkward gatherings. Others delay because money feels tight or they need time to think. Whatever the reasons might be, if you are thinking of filing for divorce after the holiday, it is crucial to start planning now so you make smarter decisions later.

What to do in the weeks before you file

There are many things you can do now to prepare yourself and your life before you file for divorce. Take steady steps now so you stand stronger once you file. Start with these key actions:

Gather financial papers including recent pay stubs, last two years of tax returns, bank and credit card statements, mortgages or deeds, retirement and investment info.
Consider your priorities regarding divorce-related matters like child custody, property division and approaches to divorce (i.e., peaceful and cooperative versus complex or aggressive)
Keep a dated journal of everyday life and your time with your child, noting daily routines, school and medical appointments, extracurriculars, who was present and important conversations with the other parent. Save supporting documents like school reports, doctor notes, photos, and relevant texts or emails.
Talk to a family lawyer for an initial consult about your legal options and filing requirements in Indiana.
If you fear abuse, contact local police or the Indiana courts about protective orders and emergency help. Keep copies of everything in one safe folder.

These steps help you move with clarity and fewer surprises.

Missteps to avoid before you file

A lot can happen between now and when you file, so be sure to avoid missteps that could make things more difficult. For instance:

Do not post about your case on social media or send angry texts.
Do not hide or move money, change beneficiaries or make large purchases without legal advice.
Avoid deleting messages or destroying records.
Don’t threaten or harass anyone.
Don’t close accounts or leave home abruptly without a plan; these acts can affect temporary orders and custody talks.

If you feel that divorce is in your post-holiday future, getting prepared and avoiding mistakes can lower stress and lead to better outcomes.

What happens if we forget to disclose an asset during our divorce?

2025-05-05T18:07:41Z

The division of assets during divorce is often one of the most complex and frustrating portions of the divorce proceeding. Parties must list and value all assets before beginning negotiations to determine who gets what. Although an intentional attempt to hide an asset is a serious offense that can result in repercussions for the offending party, there are also instances when both parties simply forget an asset. But what happens after the parties finalize the divorce and realize they failed to account for an asset? This was the question asked in a recent case.

The case of forgotten cryptocurrency

In 2016, a couple in Indiana finalized their divorce with a property settlement agreement. The agreement awarded the husband all assets of their business, except for a few specific items given to the wife. A year later, the husband discovered that the business owned cryptocurrency, which both parties had forgotten during the divorce proceedings. The wife petitioned the court to split the value of the cryptocurrencies. Upon review, the trial court initially ruled that the asset was omitted and divided its value. However, the Court of Appeals reversed this decision, stating the agreement’s use of the language “all” of the company’s assets to the husband except for specific, named items transferred to the wife applied to the forgotten cryptocurrency. The Indiana Supreme Court upheld this decision.

Courts can make post-decree modifications in some circumstances

Although the court in the case above did not allow for the division of the cryptocurrency after the parties finalized the divorce, there are circumstances when it will allow for a post-divorce transfer of assets. This can include situations where the following is present:

An agreement between the parties authorizes the court to make the modification;
A post-decree agreement to make the modification; or
Instances where the agreement is tainted by fraud.

Although it is best to disclose all assets during divorce negotiations, it is possible to hold the other party accountable if the situation satisfies one of the above exceptions.

Steps to ensure full asset disclosure

It is important to conduct a thorough inventory to mitigate the risk of this type of issue. List all assets, including those that may not be immediately obvious, such as digital currencies or intellectual property. This can help to better ensure a comprehensive and fair asset division.