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Child Support Calculations in Indiana and Kentucky

Featured Snippet: Child support obligations are distributed fairly between both parents based on their individual incomes and other data. The calculation sums up the parents’ incomes using weekly gross income as the basis. Child support calculations are about figuring out how much money one parent should give to the other for their children’s upkeep when separated or divorced. Discussions around child support are often tough because they involve emotions and money. However, understanding how child support calculations work can make these conversations easier. Both parents can set realistic expectations and have healthy discussions without feeling cheated or unfairly treated. It ...

How Businesses Are Treated in Divorce Actions

Discover What Happens to Your Business During a Divorce A divorce doesn’t center on kids and property only. It also focuses on something close to the hearts of many small-business owners: their businesses. Building a successful business takes a ton of effort, dedication, and patience, so when a divorce comes into the picture, it’s normal to worry about what happens to it. How will you share the property? Will your ex-partner get half of your company? The answer, just like many legal questions, isn’t always straightforward. In this article, we’ll explore the factors influencing the division of business assets and shed light on what you can expect as a business owner when navi ...

What is a Collaborative Divorce?

For many people, the process of going through a divorce is one of the most difficult times in life, especially when divorcing spouses encounter disputes about child custody, division of assets, and other terms of the separation. Divorce, dividing property, deciding what is best for children, and other family law issues are emotionally charged topics that are life-changing for everyone involved.  Fortunately, much of the stress and drama of a separation can be avoided by going through the process of a collaborative divorce. Collaborative divorce can make the process easier for everyone involved, and a consultation with an experienced family law attorney can help determine if it is right ...

Pitfalls of DIY Trust And Estate Planning Documents

Featured Snippet: The drawbacks of DIY trust and estate planning documents include inconsistencies, lack of flexibility, asset omissions, vague provisions, and they may not follow the laws of your home state. In addition, they lack proper consideration for future challenges and opportunities.  We live in a fast-paced digital world where we prefer that many tasks be done quickly. However, the consequences of downloading online forms and templates for trust and estate planning outweigh the speed and convenience it offers. Without a thorough approach and the guidance of a professional, DIY trust and estate planning documents can cause legal complications which, in the future, may cause you ...

How to File for Divorce in Indiana

Divorce is one of life’s greatest stressors, and the process can often seem confusing and complicated, especially if there are issues such as shared children, homes, and assets involved or grounds for contention. Even if you and your spouse agree on most issues, you need to ensure that everything is done in accordance with Indiana law, including meeting residency requirements, filling out and filing required forms, and dealing with issues and working out any problems that may arise during the process. While it is important to know how to file for divorce, making mistakes in the process can be costly and prevent your divorce from being finalized in a timely manner. That is why it can be ...

What Is Considered an Asset in Divorce?

After a marriage ends, countless questions typically arise. One of the first questions many couples ask our divorce attorneys is, “What exactly are considered assets in a divorce?” In Indiana, any property is considered an asset during a divorce settlement, regardless of how it was obtained. Because Indiana is not classified as a community property state, none of your assets will be considered community property. Divorce usually results in a 50/50 division of assets, but some circumstances can result in an unequal distribution, depending on various contributing factors. What Are Considered Assets in a Divorce Settlement? Joint ownership is established for any and all assets, and in ...

Do All Assets Have to Pass through Probate?

Some assets pass through probate when an asset holder dies. However, not all assets must be forced into probate. Sometimes a will is not the ideal mechanism for ensuring that your assets are efficiently passed to your loved ones. We outline everything you need to know about the probate process and its effects on your assets. What Is Probate? Probate is the name of a legal process that is set in motion after someone with assets dies. The court analyzes the deceased's estate and oversees the transfer of estate assets to the new owner. Probate can occur with or without a will. However, if a will is involved, its validity is also determined. During probate, the court names an executor o ...

What Happens to a Trust After Divorce?

A divorce will impact more than just your children and spouse. It may also impact your estate plan. Before or during your marriage, you may have to revise your will or even divide your trusts and assets, preferably with an estate planning attorney. But what happens to a trust when you divorce? Remember, having a trust is beneficial for many reasons. It can protect assets from taxes and other issues; however, some issues may arise if you plan to get a divorce. Knowing your rights and the laws regarding property division for trusts is helpful. Using the services of an attorney will ensure that you make the right decisions regarding the trust and asset division. How Does the Court Cla ...

Is probate needed if there is a will?

There are several things to keep in mind when you’re asking yourself, “Is probate needed if there is a will?” In some cases, you may not be able to avoid probate altogether, but you can certainly shield some assets from having to go through probate and simplify the process of probating your will. Only assets that the deceased person owned solely in their own name need to go through probate. All other assets pass to beneficiaries without oversight from the probate court. For example, placing assets in a trust – such as real estate, belongings, and other valuable items – is a way to prevent these items from being part of probate. In another example, making bank accounts “pa ...

Avoiding probate in Indiana

One of the greatest gifts you can give your loved ones is an estate plan designed specifically for your family. When you take the time to talk to our estate planning attorneys, you can proactively explore a will, power of attorney, trust and other documents that will serve your loved ones for decades. An estate plan also can be key to avoiding probate in Indiana. The time to think about estate planning is now, while you’re healthy and have time to talk to your heirs about your inheritance decisions. There are many reasons why people want to avoid probate – it can be lengthy, expensive, and stressful for surviving family members. With a few simple steps, you can minimize the impact of ...

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Can Children Choose Which Parent to Live With in Indiana?

Children in Indiana cannot definitively choose which parent to live with. However, a family court judge often considers the wishes of a child who is at least 14 years old.

While a child's preference is a significant factor, it is not the only element a court evaluates when determining custody arrangements.

Issues surrounding the question of “Can children choose whi[...]