Indiana Law

Common Mistakes to Avoid When Dividing Assets in Divorce

Published on: July 21, 2025 | by Aaron Harshman

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 some of the most common mistakes to avoid when dividing assets in an Indiana divorce.

Mistake 1: Overlooking Hidden or Less Obvious Assets

Many people focus on major assets like the home or retirement accounts but forget about:

Divorce and the Family Home: Buyouts, Sales, and Other Options

Published on: July 18, 2025 | by Aaron Harshman

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 Out the Other

A common solution is for one spouse to keep the home by “buying out” the other spouse’s equity. This requires:

When is a Prenup Enforceable in Indiana?

Published on: July 16, 2025 | by Aaron Harshman

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 and your future spouse? Do you have a specific house, account, or asset that you want to protect from divorce? This is the contract that can safeguard your future.

Basic Requirements for Enforceability

Protecting Your Retirement in a Divorce Settlement

Published on: July 14, 2025 | by Aaron Harshman

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 — are generally considered part of the marital estate if they were acquired or contributed to during the marriage. Even accounts that started before marriage but grew during it may have a portion included in the marital pot.

Valuing Your Business in an Indiana Divorce

Published on: July 12, 2025 | by Aaron Harshman

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.

Fair vs. Equal: Understanding Equitable Distribution in Indiana

Published on: July 10, 2025 | by Aaron Harshman

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.

How Does Indiana Define the Marital Estate in Divorce?

Published on: July 8, 2025 | by Aaron Harshman

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.

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

Published on: April 23, 2025 | by Aaron Harshman

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 arrested or charged with an OWI, or are simply curious about the consequences, one of the first questions you might ask is: Is it a felony or a misdemeanor? The answer depends on several factors, including your prior record, the circumstances of the incident, and Indiana law. At Harshman Ponist Smith & Rayl, LLC we’re here to break it down for you in plain English—and help you understand what you can do about it.

DUI/OWI Basics: What Indiana Law Says

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

Published on: April 18, 2025 | by Susan D. Rayl

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 conviction, jail time, and a criminal record.

This article breaks down what criminal diversions are, who qualifies, how the process works, and why they matter under Indiana law.

Finding a Family Law Attorney with a Free Consultation in Indiana

Published on: April 4, 2025 | by Aaron Harshman

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: