Divorce and separation are challenging, especially for children. A common question during custody disputes is whether a child can choose which parent to live with. In Indiana, the answer depends on the child’s age, maturity, and state law. Here’s a concise overview of how Indiana courts handle this, always prioritizing…
Indiana Law Blog
Guiding Families Through Indiana Guardianships
When someone you love can no longer make safe or sound decisions about their care, the situation can feel overwhelming. At Harshman Ponist Smith & Rayl, LLC, we help families across Indiana navigate the guardianship process with clarity, compassion, and capable legal guidance. Understanding When Guardianship Is Needed Our firm…
The Implications of Having Cold-Storage Cryptocurrency During a Divorce in Indiana
Introduction Divorce often involves dividing property and assets, that range from houses, retirement accounts, vehicles, business ownership and all kinds of personal belongings. For the tech-forward, another growing segment of property is being found in these cases: cryptocurrency stored in “cold storage.” If you or your spouse hold digital assets…
How to Disclose Cryptocurrency Assets in Divorce Without Giving Away Access
Disclosure vs. Control When going through a divorce in Indiana, both spouses are generally required to provide a full and honest accounting of their assets. This includes not only obvious items like homes, vehicles, and retirement accounts but also purely digital assets such as cryptocurrency. Many people who hold crypto…
Supporting Independence While Protecting a Ward: Finding the Balance
Introduction Serving as a guardian means stepping into a role of trust and responsibility. You’re tasked with making critical and important decisions for someone who cannot fully manage on their own. At the same time, the law, a court (and basic human dignity) require guardians to preserve as much independence…
Annual Reporting 101: How to Stay in Compliance as a Guardian
Introduction When a court appoints you as a guardian, the responsibility doesn’t end with the initial appointment. In Indiana — and in most states — guardians must file annual or biennial reports that update the court on the ward’s well-being and finances. These reports are essential: they ensure transparency, protect…
Top 5 Mistakes New Guardians Make — and How to Avoid Them
Introduction Being appointed as a guardian is both an honor and a serious responsibility with real-world consequences. Whether you’re caring for an elderly parent, a child, or an adult with disabilities, the court expects you to act in the best interests of your ward. For many new guardians, the learning…
Guardianship vs. Power of Attorney: What’s the Difference?
Introduction What tools do we have to provide care for those we love? When someone you love one can no longer make decisions on their own, families often wonder: What’s the right legal tool — guardianship or power of attorney? These terms are often used incorrectly or interchangeably, but they…
Common Mistakes to Avoid When Dividing Assets in Divorce
Dividing assets is one of the most complex and contentious aspects of a divorce. Missteps during this process can have lasting financial consequences. We are hired on many cases every year to try and fix issues in finalized divorces which can cost thousands and thousands of dollars to correctHere are…
Divorce and the Family Home: Buyouts, Sales, and Other Options
The family home is often one of the most significant and emotionally charged assets to divide in a divorce. Deciding what to do with it involves both practical and financial considerations. In Indiana, there are several options for handling the family home during a divorce. Option 1: One Spouse Buys…