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…
Articles Posted in Family Law
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…
When is a Prenup Enforceable in Indiana?
A prenuptial agreement (commonly known as a “prenup”) can be a powerful tool for protecting assets and setting clear financial expectations before marriage. However, not every prenup will hold up in court. In Indiana, specific rules determine when a prenup is enforceable. Is there a large financial disparity between you…
Protecting Your Retirement in a Divorce Settlement
For many people, retirement accounts are among the most valuable assets they own. During a divorce in Indiana, protecting these savings is a crucial part of reaching a fair and secure settlement. Are Retirement Accounts Marital Property? In Indiana, retirement accounts — including 401(k)s, pensions, IRAs, and similar plans —…
Valuing Your Business in an Indiana Divorce
If you own a business and are facing a divorce in Indiana, one of the most complex and critical aspects will be determining the value of that business. In Indiana, your business is generally considered part of the marital estate, meaning it is subject to division during divorce proceedings. Why…
Fair vs. Equal: Understanding Equitable Distribution in Indiana
When going through a divorce, one of the most common misconceptions is that marital property will always be divided equally. In Indiana, however, the law focuses on what is fair, not necessarily what is equal. This distinction is crucial for anyone considering divorce in the state. Equal Division Presumption Indiana…