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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 ...

Does It Matter Who Files for Divorce First?

Indiana is a "no-fault" state, which means that you do not have to make any allegations against your spouse to file for divorce. When you file a Petition for Dissolution of Marriage, you only have to state that the marriage is irretrievably broken. Thus, on the surface, it does not matter who files for divorce first. Even when both spouses want to divorce, it can be a scary time as you are embarking on a new chapter of life. And, you have several unknowns ahead of you, such as how long the divorce process takes, whether your spouse will argue over division of property, visitation, and support, and other factors you now have to deal with. Our divorce lawyers can help you through the entire ...

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 ...

How do I spend down assets for Medicaid?

Many older adults find in their later years that they need long-term care, whether in-home, in the community or in a nursing home. To be eligible for Medicaid long-term care benefits, a person must meet certain state income and asset guidelines. Much like the tax laws, the Medicaid laws are filled with exceptions to the rules. On average in Kentucky and Indiana, with the help of a Medicaid planning attorney, married couples will save 95% to 100% of their assets and obtain long term care benefits for the incapacitated spouse. For a single person, families can often save at least 50% of their aging parent’s assets and obtain long term care benefits. With advanced planning, a single person ...

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Indiana Divorce: It’s Not Community Property

Learn More about Equitable Property Distribution

Featured Snippet: Learn how your marital assets, debts, and financial duties will be distributed if you get divorced in Indiana. The general rule is justice and equity as opposed to community property practices.

There are countless reasons to stay in a marriage that no longer makes you h[...]