What to Expect in Dissolution of Marriage Proceedings

While every dissolution of marriage case is factually different, there are many events which are common in every case.  This entry is designed to outline significant events that regularly occur in dissolution of marriage proceedings.

1.      The Petition for Dissolution is filed.  All good (or bad) things must have a start.  The Petition for dissolution as well as several other initial documents are filed with the clerk of courts, initiating the proceedings.

2.      Preliminary or “Pendente Lite” Hearings.  A “Pendente Lite” Hearing, or as it is also referred to a “Preliminary” or “Provisional” hearing is a hearing which often takes place at the request of one party early on in the case.  At these hearings, the Court is asked to enter temporary, non-permanent order which will last until a later significant event, usually the final hearing or submission of an agreed upon settlement agreement.

3.      Mediation and other Alternative Dispute Resolution processes.  Mediation is a process guided by a neutral 3^rd party in which negotiations are facilitated by the 3^rd party in hopes of avoiding litigation through the Courts.  Often, mediators are attorneys or retired judges who have prior trial experience and may inform the litigants of potential or expected outcomes when evaluating their claims and requests.

4.      Evaluations and Valuations.  Depending on the contested issues, many times, if proceeding to a final hearing, the parties and the Court will need to hear from experts in the field of the contested issue.  For contested child custody matters, it is not infrequent that child custody experts, generally psychologists or psychiatrists with specialized training in custody evaluation or attorney guardian ad litems are appointed to assist the court with a report of recommended placement.  When assets are unique or difficult to value, accountants, appraisers and other professionals are frequently retained to assist one or both parties in assessing value of the asset.

5.      Settlement: When parties agree on some or all previously contested issues, generally a written settlement agreement is generated by one attorney or through the efforts of both parties attorneys.  Once signed off on by the parties, the settlement agreement is submitted to the trial judge.  Once approved, the agreement is now binding as if it is a court order.

6.      Final Hearing.  When an agreement is not able to be reached on any or all of the issues in the dissolution, the issues are submitted by way of formal presentation of evidence to a trial judge for a ruling.

7.       Decree of Dissolution of Marriage.  In agreed upon matters, once the Court approves a settlement agreement, the court will also issue a Decree of Dissolution of Marriage.  In contested matters, after evidence is presented to the judge, the judge’s written ruling is the Decree of Dissolution of Marriage.

8.      Post-Judgment.  Once the ruling is entered by the Court, it is not uncommon that one or several steps must be taken to enforce the Decree issued by the Court.  Common post-judgment tasks include registering and creating child support accounts with the county clerk; recording land and real property deeds to reflect awarded  property; preparing and filing an income withholding order for support obligations; registering the Decree in any state in which the parties own property.

Consider How Social Networking Impacts Your Relationship

Millions of people log onto social media websites every day.   Facebook, Twitter, and MySpace are great ways to reconnect with classmates, maintain friendships and network.  But more and more frequently these websites are making headlines for causing problems in marriages.  A local news station recently ran a story on how couples can manage social media networking in order to maintain a healthy marriage. 

http://www.wthr.com/story/16977821/couples-manage-social-media-for-healthier-marriage

As family law attorneys, we see these problems frequently with clients.  It is a good idea to remember the following tips to avoid these problems in your marriage:

1.      Discuss social networking with your spouse.  Share information with your spouse and decide what is appropriate.  Set boundaries.

2.      Keep information about your spouse public.  Update your status to reflect that you are “married.”  Post pictures of your spouse.

3.      Don’t air your dirty laundry.  Everyone has disagreements, but posting it for the world to see usually only escalates the situation.

4.      If you feel like things may be going too far, delete your social networking profile.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com.

Be Careful What You Text (and E-mail ..... and Facebook)

The Chicago Tribune recently ran an article discussing the increased use of text messages as evidence in divorce proceedings.  As the article points out, texting can be dangerous as it is immediate in a way that e-mail is not.  This immediacy can lend itself to emotional or poorly thought out communication. 

http://www.chicagotribune.com/health/sns-rt-us-divorce-textingtre81j0v0-20120220,0,3950572.story

While the article only discusses text messages, an individual going through a divorce (or headed in that direction) should bear in mind that any communication sent in an electronic format is subject to use in litigation.  An inflammatory text , e-mail, or Facebook post can be utilized to make an otherwise rational person seem out of control or incapable of reasonable communication.  Often times that is not the case, but a momentary lapse in judgment can have an impact on the outcome of your case. 

Hollingsworth & Zivitz Placed on Best Places to Work in Indiana List for Second Consecutive Year

Hollingsworth & Zivitz, PC is honored to make the 2012 Indiana Chamber of Commerce Best Places to Work in Indiana list.  On May 3, 2012, the group will unveil the rankings for the 70 companies from throughout the state that made the 2012 Best Places to Work list.  HZ placed on the list for small to medium sized companies (15 to 250 employees) for the second consecutive year.  All companies making the list will be recognized at an awards reception at which time the actual rankings will be announced.

The Best Places to Work list recognizes Indiana’s top employers.  Companies are assessed and selected through a two-part process: an employer questionnaire and employee engagement and satisfaction survey.  For additional information on Best Places to Work, please visit http://www.bestplacestoworkin.com/.  

 Additional information about all 70 companies will be available in a special section of the BizVoice Magazine. Last year, HZ was selected to be spotlighted in the special section of the issue.  The article highlighted the founder’s commitment to maintaining a healthy balance between work and family life for all employees.  For the full text article, please visit http://www.bizvoicemagazine.com/archives/11mayjun/BPTWIN-Hollingsworth.pdf.

Congratulations to founding partners Christina Zivitz and Kena Hollingsworth for their recognition as one of Indiana’s Best Employers. 

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com

What is a Parenting Time Coordinator?

Recently, the Indiana Court of Appeals entered findings that the trial courts can appoint parent coordinator’s to a matter, even in instances where the parents do not necessarily agree to such an appointment, so long as the appointment may benefit the children of the marriage.

Parent Coordinators or “PC’s” are generally assigned to higher conflict cases where parents are for one reason or another unable to communicate with one another in a manner that supports their children’s best interests.

The role of the PC is to make recommendations and work to resolve conflicts between the parents involving the designated issues, which do not affect the Court’s exclusive jurisdiction to determine fundamental issues of custody and parenting time. Such recommendations, negotiations, and education shall include strategies for enforcing any shared parenting plan and contact/parenting time schedule, for minimizing child-related conflicts between the parties, and for eliminating unproductive or harmful behavior patterns by one or both parents.  Indiana recognizes three distinct levels of parent coordinators with varying levels of powers:

1.      Level 1 – A “Level 1” parent coordinator is generally charged with making recommendations to parties and assisting in facilitating agreements.  A Level 1 PC’s recommendations are not binding upon the parties, but often will later carry weight with courts unless there is a compelling showing to the otherwise.

2.      Level 2 – A “Level 2” parent coordinator has the same powers as a “Level 1” PC, however, the Level 2 PC’s recommendations will have a binding effect upon the parties unless and until overruled by a judge.

3.      Level 3 – A “Level 3” parent coordinator has the same powers as a “Level 1” and “Level 2” PC, however, the Level 3 PC may also select providers for parties (counselors, mental health professionals, anger management professionals, etc.) and monitor treatment, evaluation and services for the family as necessary.

If you believe you may benefit from the services of a Parenting Time Coordinator please contact our firm.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.DIVORCE or  visit our website at www.hzlegal.com.

Determining A Parenting Time Schedule

Developing a parenting time schedule that fits a child’s needs and satisfies both parents can be very challenging.  One resource that all parents involved in a divorce or paternity case in Indiana should carefully review is the Indiana Parenting Time Guidelines. For the full text of the Guidelines please visit, (http://www.in.gov/judiciary/rules/parenting/index.html).

The Indiana Parenting Time Guidelines provide a parenting time schedule that gradually increases from the time of a child’s birth up until the child is three (3) years of age whereby parenting time occurs every other weekend and alternating holidays.  However, the parenting time schedule provided by the Indiana Parenting Time Guidelines represents a minimum amount of reasonable parenting time to be afforded to the non-custodial parent, and many Indiana Courts commonly award an involved, non-custodial parent parenting time in excess of the schedule provided in the guidelines.

Another great resource for divorcing parenting and parents who never married when developing a parenting time schedule is Arizona’s Guide for Parents Living Apart (http://www.azcourts.gov/Portals/31/ParentingTime/PPWguidelines.pdf).  This guide analyzes fourteen (14) commonly used parenting time schedules including the age range of children for which each schedule may be best suited along with the advantages and disadvantages of each schedule for parents to consider.

In Indiana, so long as a parenting time schedule is in the best interest of the child, parents are free to be as creative as they wish in developing a parenting time schedule that works best for their family.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com.

Katy Perry, Russell Brand Divorce: No Prenup, No Regrets

For the full-text article please visit, http://www.huffingtonpost.com/2012/02/11/katy-perry-russell-brand-divorce-prenup_n_1270334.html.

A Divorce Party?

The concept of having a party to commemorate the finalization of a divorce has become a trendy thing to do, at least amongst celebrities and those with much disposable income on their hands.  

http://www.thedailybeast.com/newsweek/2012/02/12/divorce-parties-on-the-rise-as-divorce-becomes-acceptable.html

A divorce is almost always stressful and sometimes a highly contentious event in a person’s life.  While the thought of holding a joint divorce party may sound silly or frivolous in concept, there is something that can be learned from those that end a marriage on good enough terms to hold a party. 

Actions taking during the divorce process can have a significant and negative impact on communication post-dissolution.  This is not to say certain issues are not worth disputing or that going to court is never worthwhile.  Sometimes an issue must be litigated.  However, a less contentious divorce typically leads to a less contentious post-divorce, particularly when children are involved. 

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com.

Happy Valentine's Day: Mayor Ballard and Marion County Clerk to Perform Marriages Today Benefiting the American Heart Association

For more information please visit: http://www.indystar.com/article/20120214/NEWS/120214009/Mayor-Greg-Ballard-Marion-County-clerk-officiate-wedding-ceremonies?odyssey=tab|topnews|text|IndyStar.com

Required Parenting Classes for Divorce

Many family law courts in Indiana require divorcing parents to complete a co-parenting class prior to issuing a final divorce decree.  Divorcing parents should consult with their attorney or the court handling their matter regarding whether he/she is required to complete a co-parenting class, as not all counties and courts have the same requirements.

Some Indiana counties, including Marion, Hamilton, Shelby, Monroe, require divorcing parents to complete the Children Cope with Divorce seminar, commonly known as the COPE class, prior to the court granting a final divorce decree.  The COPE class is a four-hour educational program for divorcing parents that emphasizes the needs of the children and is offered at several different locations including Indianapolis, Bloomington, Noblesville, Batesville, Shelbyville, and Nashville, Indiana.

Boone County requires that divorcing parents complete the “Helping Children Through Divorce” workshop with the Boone County Mental Health Association and some Hendricks County courts will require divorcing parenting to complete   the “Our Children – Our Divorce” seminar.  Information about this seminar may be obtained by calling the Mental Health Association of Hendricks County at (317) 272-0027.

In military divorces, completing the COPE class or other required class may not be practical for a parent who is overseas on deployment in the military.  In such a situation, an attorney’s assistance may be necessary.

Also available to parents are on-line classes focusing on the needs of the children, such as:

-          www.UpToParents.org for divorced or divorcing parents;

-          www.WhileWeHeal.org for parents who are still open to saving their marriage; or

 

-          www.ProudToParent.org for parents who never married.

Indiana courts often recommend that divorcing parents complete the online Up To Parents class, and in some instances, the court may even require such. 

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com

Why Hire an Attorney When I Can Do It Myself?

This is a regular question family law attorneys are asked by prospective litigants.  In this age of Internet ready legal forms you may find yourself asking this question as well.  However, as practitioners we see this question as being analogous to asking yourself "why go to the doctor to have stitches put in when I can do it myself. "

Sure, you could stitch yourself up but more than likely you would leave a bigger scar than having someone with a specialized skill set assist you. 

When it comes to some of the most foundational and important matters in your life, your children and your financial well-being, do you really want to risk leaving a scar that remains for the rest of your life?

Our Family law attorneys know the law and what you are entitled to. A good family law attorney can provide you with the framework to get your life back on track and even avoid potential issues in the future.   The skills an attorney has acquired through litigation experience is invaluable.  If you don’t have a lawyer you may miss important deadlines during the divorce proceeding such as discovery which could result in contempt findings or other unwanted findings.  Further, there are countless rules that an attorney should know about getting evidence admitted into a court of law. You cannot just show all of the things you want to a Judge, there are rules and procedures in place that determine what a Judge can take into consideration.  Our lawyers will be able to guide you through the process so you can feel confident about your case and the Judge will be able to hear all of the relevant evidence.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com.

What is Collaborative Divorce in Indiana?

Collaborative law is a relatively new approach to divorce that is appealing to many people.  It has also been called “the peaceful divorce.”  The focus of collaborative law is to help parties find an acceptable settlement on all issues, similar to other alternative dispute resolutions approaches.  The collaborative process mostly involves informal meetings and discussions with both parties and their attorneys.  Additionally, other professionals, including a financial professional and a mental health professional, can be present, if needed, to help the parties work collaboratively to reach a settlement. 

The International Academy of Collaborative Professionals (“IACP”) lists some things that are important to consider when deciding if a Collaborative Divorce is a good option for you:

·         You want to maintain the tone of respect, even if you disagree.

·         You want to prioritize the needs of your children.

·         You believe that both parties needs require equal consideration (you must be willing to listen objectively).

·         You believe that working creatively and cooperatively solves issues.

·         You believe it is important to reach beyond today’s frustrations and plan for the future.

·         You can behave ethically toward your spouse.

·         You want to maintain control of the divorce process with your spouse. 

Like any divorce, a collaborative divorce is not easy.  But there are many rewards associated with this type of practice.  It gives you the opportunity to control the costs of attorney’s fees, protect your children and work together to negotiate a mutually acceptable settlement.  We have several attorneys at Hollingsworth & Zivitz trained to practice in Collaborative Law.  We can help guide you through this process.  For more information about collaborative law, please call our office today to schedule a consultation.  

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com

Divorce and Taxes: Potential Issues to Consider

When getting divorced, there are tax implications that should be addressed, whether in settlement negotiations or at final hearing.  For instance, it should be determined which party is entitled to claim the dependency exemption for the child/children of the marriage.  In a one child marriage, it is common for the exemption to be alternated.   When there are two or more children, the exemptions are often divided between the parties.

Other tax issues concern the parties filing status if the divorce is not completed by December 31^st of the tax year in question, which party is entitled to claim the mortgage interest exemption, and the treatment of post-dissolution payments from one spouse to the other.

There are a number of sources online that discuss divorce and taxes.  A good place to start would be the linked April 2011Time magazine article. 

http://www.time.com/time/business/article/0,8599,2063467,00.html

If you are considering a divorce or currently face a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

To discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC attorney, call 317.DIVORCE.

FILING-TAKING THE FIRST STEP

Divorce is often cited as the second most stressful event in an individual’s life, only behind the loss of a close family member. If you have to go through a divorce, however, being educated on how the dissolution process works can help you through this difficult time. When you know what to expect during your divorce, you can begin to take control of your future. At HOLLINGSWORTH & ZIVITZ, P.C., we pride ourselves in providing our clients the knowledge and tools to cope with the process of a divorce. We would like to provide you with the same opportunity by introducing you to part one of an eleven part series entitled “Divorce – What to Expect.” Over the next year, we will discuss various aspects of the divorce process, including the following topics: What Happens Immediately After Filing, Child Custody and Parenting Time, Child Support, Property Division, Maintenance/Alimony, Options to Resolve Your Case Prior to Trial, Going to Court, Modification of Custody, Modification of Child Support, and How Much Will My Case Cost.

We begin our series with “Filing.” Filing a Verified Petition for Dissolution is the first step in the legal process of getting a divorce. The filing fee – the cost paid to the county to open a divorce case – is presently $137.00. The Petition includes the name of the parties, when they were married, if there were children born of the marriage, and other basic information. In the Petition, the reason for the dissolution is often cited as the marriage has been “irretrievably broken and should be dissolved.” The Petition typically does not contain a listing of complaints or specific allegations concerning the non-filing spouse. The filing party must have resided in Indiana for six months and the county where the Petition is to be filed for three months prior to the filing of the dissolution proceeding. Upon filing, the case is assigned a “cause number” and all future proceedings will take place in the same court, with limited exceptions.

After the Petition has been filed, the next step is to “serve” the non-filing spouse, which means providing formal notification that the Petition has been filed. This can be completed via Sheriff, certified mail, or a voluntary acknowledgment by the non-filing spouse. Once service has been completed, it is customary to establish the “ground rules” which will govern certain aspects of the parties’ conduct during the pendency of the divorce, such as custody of children, parenting time, possession of the marital residence, payment of marital expenses. These issues are referred to as “provisional Issues” and will be the subject of our next column.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com

Stay tuned for the next installment of “Divorce-What to Expect” by HOLLINGSWORTH & ZIVITZ, P.C.