Q. Tell us about yourself and your practice.
A. I have limited my practice to matrimonial and family law, since I became a lawyer in 1983. I first worked with James Buck a well-known divorce lawyer in Indiana. In 1990, I started my own firm. In 1996, I became an equity partner at Bingham McHale LLP (previously Bingham Summers Welsh and Spilman) and founded the firm's Matrimonial and Family Law Practice Group. I now lead my firm's " Private Client Group" which includes family law estate and wealth planning and personal tax matters.
Q. What are the main areas of practice?
A. My practice is primarily limited to relationship matters involving high income, high net worth individuals. Those relationship matters include divorce, premarital agreements, child custody, domestic partnership matters,GLBT relationship matters paternity and strategic family relationship/wealth transfer matters.
Q. How long do you take to process a divorce?
A. In Indiana you cannot be divorced until a sixty day waiting period expires (60 days from the date of the filing of the dissolution with the court). Most divorces seem to take six to nine months. However, I have had divorce cases that go on for more than a year, more than two years and some longer. When child custody is in dispute a great deal more time is typically required.
Q. Do you offer an initial free consultation?
A. I do not. That initial meeting is extremely important and a great deal of valuable information is provided. The client learns about what the law is and how the law may apply to their specific matter.
Q. How is child support determined?
A. The Supreme Court of Indiana has mandated the courts to apply the " Indiana Child Support Guidelines." These guidelines are " presumptive " meaning that the trial courts must apply them, unless the trial court specifically finds based on the evidence before them, that the guideline should not apply. The actual support amount is based on the gross income (with certain limited adjustments) of the two parents, work related, child care, extraordinary health expenses and other factors. There are tables which were developed by economists that provide the presumptive support amount.
Q. What is a collaborative divorce?
A. At the outset of the marital dispute the couple agrees contractually to " collaborate" instead of being " adversarial." This collaboration may provide for an agreement that neither will file pleadings with the court to trigger a court hearing. The parties then work with common experts, appraisers and the like instead of each hiring his/her own. Each party has his/her own attorney, advising and guiding them through the process. The attorneys agree, that if one of the parties wants to end the collaboration then both attorneys have to withdraw and not work on the matter any more. This encourages the attorneys to work " together" instead of fighting as much. This is a relatively new concept in Indiana.
Q. In the event of a divorce what is the approach taken towards division of jointly held assets?
A. In Indiana (assuming there is not a valid premarital agreement in place) all assets of both parties are part of the marital estate regardless of the source. Assets owned prior to marriage are part of the marital estate. Inheritance and gifts received during the marriage are part of the marital estate. Title is meaningless. The statute requires the judge to presume that an equal division of all assets is best. If the parties (or party) want something more than half they have the burden of convincing the judge to move off of 50/50 in his/her favor. There are certain factors that the judge can take into consideration in deciding whether to move off of 50/50. Those include the source of the property (inherited gift brought into the marriage), the earning ability of each of the parties (if there is a big difference that is a reason to give the spouse that has the lesser ability more of the property), the economic circumstances of the parties at the time of the division (the less economically advantaged spouse could get more) and whether there has been improper "disposition" or " dissipation" of marital property (e.g. significant economic fault -- not moral fault). This decision to vary from 50/50 is discretionary with the trial judge and difficult to be overturned on appeal to a higher court.
Q. If a divorce comes in the middle of an adoption process can the parties go ahead with the adoption?
A. It is legally possible but is likely to cause significant review by the court before becoming final. This is very fact sensitive.
Q. How does one obtain support for herself and her child?
A. Child support--file a petition with the court seeking support. This can be in the context of a Paternity case divorce case, or even if no divorce or paternity matter is on file. Spousal Support--In a divorce there can be " preliminary" spousal support--while the divorce is pending. There is very limited opportunity for spousal support that would be paid after the divorce is final (rehabilitative maintenance incapacity-based support and support specific to other very limited circumstances).
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