Articles Posted in Family Law

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 Your Business is Part of the Marital Estate

 Indiana follows the “one-pot” theory, which includes all property owned by either spouse at the time of filing for divorce, regardless of when or how it was acquired. This means even a business you started before marriage can be considered marital property.

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 law starts with a presumption that dividing marital property equally (50/50) is just and reasonable. This is a baseline, not a rigid rule.  A presumption just means that is what the court will assume until the court is provided evidence that there is more-fair split.

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 simply.

 What is the Marital Estate?

In Indiana, the marital estate includes all property owned by either spouse at the time a divorce is filed. This is known as the “one-pot” theory, meaning (almost) everything goes into a single pool regardless of when or how it was acquired.

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 law attorney with a free consultation in Indiana, look no further than Harshman Ponist Smith & Rayl, LLC. We offer free initial consultations to help you understand your options and take the first step toward resolution.

Why a Free Consultation Matters in Family Law

Facing a family law issue can be overwhelming, and the last thing you need is added financial stress before you even hire an attorney. A free consultation gives you the chance to:

Divorce is a complex and emotionally charged process, often involving the division of assets, debts, and decisions regarding children. However, life’s uncertainties can sometimes take a tragic turn, and what happens when one of the parties during a divorce passes away? This article aims to shed light on the legal implications of such a situation, covering aspects related to assets, debts, beneficiary accounts, and the welfare of minor children.

Assets and Debts:

The passing of one of the parties during divorce can significantly impact the division of assets and debts. Typically, divorce proceedings aim to distribute marital property equitably between the spouses. However, if one spouse passes away before the divorce is finalized, their assets may be subject to different rules depending on the jurisdiction.

For fathers in Indiana, ensuring that child support obligations align with their current circumstances is crucial. Life is ever-changing, and financial situations can evolve over time. In this comprehensive guide, we will explore the process of obtaining a modification of child support, specifically focusing on the benefits it can provide to fathers. Let’s dive in and discover how you can navigate the path towards a fair and balanced child support arrangement.

  1. Understanding the Need for Modification: Life events such as job loss, changes in income, medical expenses, or a significant change in the child’s needs may warrant a modification of child support. Recognizing the need for a modification is the first step towards ensuring a more accurate and equitable support arrangement.
  2. Gathering Relevant Documentation: To support your request for a child support modification, gather necessary documentation such as proof of income changes, medical expenses, or any relevant supporting documents. Having a comprehensive record will strengthen your case and provide evidence to demonstrate the need for a modification.

Paternity cases hold significant importance for fathers in Indiana, as judges have the power to shape their role in their child’s life. In this informative guide, we’ll explore the most crucial orders that a judge can make during a preliminary hearing in a paternity case. From custody arrangements to financial obligations, these orders can have a profound impact on the lives of fathers and their children. Let’s delve into the details and empower fathers with knowledge and understanding.

  1. Custodial Rights: Promoting Shared Parenting and Meaningful Involvement.

    One of the pivotal orders a judge can make is granting custody or parenting time to fathers. This order ensures that fathers have the opportunity to provide a nurturing and supportive environment for their child. By receiving custody, fathers can actively participate in decision-making and contribute to their child’s overall well-being.

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