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Indiana Law Blog

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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…

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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 —…

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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…

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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…

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How Does Indiana Define the Marital Estate in Divorce?

When a couple decides to end their marriage, dividing property can be one of the most challenging and emotionally charged parts of the process. In Indiana, understanding how the state defines the marital estate is essential for anyone considering or going through a divorce. Let’s break it down clearly and…

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Is Driving Under the Influence a Felony or Misdemeanor in Indiana?

Is Driving Under the Influence a Felony or Misdemeanor in Indiana? Driving under the influence (DUI)— has a slightly different name in Indiana Code: Operating a Vehicle While Intoxicated (or “OWI”) in Indiana—is a serious offense that can turn a routine drive into a life-altering legal battle. If you’ve been…

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Understanding Criminal Diversions in Indiana: A Guide for those Accused and Charged with Crimes

Introduction In Indiana, a criminal diversion agreement offers many first-time offenders a second chance. For people facing criminal charges, the concept of diversion may seem confusing, even too good to be true. However, for the right case, it can be a powerful alternative to prosecution—allowing a person to avoid a…

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What to Do If You’re Facing a Probation Violation: How Attorneys Can Help

A probation violation feels like a sudden detour on your path to freedom. After working hard to comply with court orders, an alleged violation—whether it’s a missed meeting, a failed drug test, or a new offense—can threaten your future. If you’re in Indiana and searching for attorneys for a probation…

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Finding a Family Law Attorney with a Free Consultation in Indiana

Family law matters—whether it’s a divorce, child custody dispute, or parenting time issue—can feel like an emotional and legal maze. The decisions you make today could shape your family’s future for years to come, which is why finding the right attorney is so critical. If you’re searching for a family…

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No Contact Order vs. Protective Order vs. Stay Away Order in Indiana: What’s the Difference?

When it comes to legal protection in Indiana, terms like “no contact order,” “protective order,” and “stay away order” often pop up. They might sound similar, but they’re not the same. At Harshman Ponist Smith & Rayl, we’re here to break it down for you in simple terms. Whether you’re…

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