Posts by On behalf of BKR Family Law

Documents and Information – What Your Attorney Will Need from You, and What Your Spouse Will Be Entitled to Request

Posted by on Jun 29, 2016 in legal | 0 comments

After hiring an attorney, your work will not be complete. While your attorney will certainly manage many aspects of the dissolution process on your behalf, the client’s “to do” list will not likely be a short one. Most important of those “to dos” will likely be the gathering and delivery of a great deal of documents and information. While no two divorces are the same, generalities exist in terms of the documents and information likely to be exchanged. In short, you and your attorney must have an accurate and complete understanding of the financial state of your marriage when that marriage is to be dissolved and the property fairly divided. It is important to note that in Indiana, you and your spouse are considered to have “one pot” when it comes to financials. Regardless of how assets are named or titled, you and your spouse share everything by virtue of the fact that you are married. Of course there are exceptions to this rule, particularly if parties have a premarital agreement, the marriage was very short, or if the vast majority of the assets were gifts or inheritance to only one spouse. Courts start with the belief that each...

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Initial Consult with your Divorce Attorney – What Can You Expect?

Posted by on Jun 9, 2016 in legal | 0 comments

Once you have found an attorney and scheduled an initial consultation, you may be feeling anxious. You likely have hundreds of questions and concerns buzzing around in your head, and may find yourself unable to process the answers as you actually meet with the attorney. Therefore, it is helpful to draft a list of questions before the meeting. Then, you can listen and absorb everything that the attorney has to say and clearheadedly address any remaining questions. While every attorney conducts the initial consultation in her own way, most first meetings will include the following general components. First, the attorney will likely ask you to describe a little bit about yourself and your relationship, and why it is that you have sought a divorce attorney.  A good consultation will allow you to talk about yourself, including your educational and employment history.  If you have children, the attorney will likely ask questions about your children to help identify if your case features any unique issues such as a chronic medical condition or special educational needs. The first part of the consultation should feature you speaking more than the lawyer as you provide important context and historical information. The attorney will...

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Finding a Divorce Attorney

Posted by on Jun 9, 2016 in legal | 0 comments

Most people believe that they will never need the representation of a family law attorney, and why should they? Marriage is built on good intentions, and people generally believe that their marriage will last forever. Unfortunately, we know that this is not the case for many couples. While there is an ongoing debate as to what the actual “divorce rate” is in the US, we can all agree that it is high. Experts now say that somewhere in the range of 40% of first marriages end in divorce.  Other reports are as high as 55% of first marriage and an even higher percentage of second marriages. So, the odds are not great. If and when an individual finds herself facing a separation or dissolution, it is critical to seek the counsel of a family law attorney as early in the process as possible. So, what does “family law” mean? When most people think of family law, they immediately think divorce. In reality, family law covers a great deal more than just divorce, and can even offer guidance before a marriage takes place (prenuptial agreements, cohabitation agreements). Broadly, family law refers to any legal matter involving intimate partnership, marriage and/or...

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Process and Procedure – the Basics of a Dissolution Action in Indiana

Posted by on Apr 9, 2016 in legal | 0 comments

For people contemplating a divorce, or “dissolution” as the law calls it, the thought of the road ahead can be daunting. Aside from the emotional stresses, many people find themselves overwhelmed, confused and anxious about the actual legal process they are facing. While hiring an attorney should certainly lessen that anxiety, it is nonetheless helpful and important to have an understanding of the process, as well as the reason and intent behind each stage of that process. From the initial consult with a divorce attorney to the final Decree of Dissolution, this series of blog posts will provide a step-by-step narrative of the process and procedures that you will face, and legal reasoning behind it...

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Indiana – No Fault State

Posted by on Apr 9, 2016 in legal | 0 comments

If you’ve ever watched an old movie or TV show and heard reference to a spouse having to prove infidelity or abuse in order to get a divorce, rest assured that those days are long past (at least in Indiana). While all fifty states now offer some version of “no fault” divorce, some states have made this option available sooner than others. It was only in 2010 that New York passed a law allowing married couples to get a divorce without having to prove one party’s fault. So what does it mean when we say that Indiana is a “no fault” state? It means that when a married couple wants to get divorced, they are not required to prove that the marriage is ending due to someone’s fault. Rather, married couples can simply decide to end their marriage for any reason or no reason at all. It is important to note that Indiana does technically still allow married individuals the option to plead fault on behalf of their spouse, but those bases for fault are limited to the following: felony conviction of the other spouse; impotence; and incurable insanity lasting for more than two (2) years. Generally speaking, however,...

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