I have been a divorce attorney for more than 30 years. Before that, I worked in the office of a judge who primarily handled divorces. I've seen a lot over the years, some good and some bad. Over the last several years, one positive force in family law has stuck out; the ever-increasing popularity of pro se mediation. We have seen a significant increase in mediation cases around Carmel, Fishers, and other Indianapolis suburbs. Frankly, pro se is the best option for most divorcing couples. Most of the time, the two parties want the proceedings to be fair and painless. In this circumstance, pro ..read more

Don't be discouraged by the fancy name, Pro Se Mediation is just a legal term to say that two people come into the office and work together to devise a plan for their family.  Pro Se is a Latin term for "one's self." Pro Se Mediation refers to mediation sessions where each party doesn't have their own legal representative. There are many circumstances where this approach is superior to other options for clients around Indianapolis and the entire state of Indiana. Pro Se Mediation is used to develop the terms of legal separations, dissolutions, or post-nuptial agreements. They ca ..read more

The holidays are rapidly approaching, which usually means a stressful time for families that have separated, divorced, or are in the process. Children have good memories of previous holidays, and many feel the loss of their family even more so during this time.  How do you protect your children from all this stress? Remember that the holidays are for family. If you can be civil or friendly with the other parent, consider celebrating the holidays together. If that’s not possible, try establishing new traditions that the kids will remember and look forward to each year. Don’t speak il ..read more

Steven Fillenwarth is a family law attorney at Carmel Family Law. Steven's career in law began with 28 years of service in the US Army's Judge Advocate General's Corps (JAG). During his time in the US Army, Steve developed a passion for helping servicemen, servicewomen, contractors, and their families understand and realize the tremendous benefits available to them through agencies like the US Department of Veteran's affairs. In addition to being an Indiana Attorney, Steven is also a Certified Public Accountant. This unique combination of accounting and legal expertise makes Steven an excellen ..read more

All About Guardianships in Indiana Guardianships are legal processes developed to support individuals who cannot care for themselves due to infancy, disability, or incapacitation. Generally speaking, a court will appoint an individual as a guardian for the person or the estate. This person could be a friend or relative willing to accept the high burden and duties that guardianships require. Guardianships are ordered for minors or adults. They can apply to the care of the person, their estate, or both. Child Guardianships Child Guardianships generally apply when the parents of a child are dece ..read more

A guardianship is a legal proceeding that appoints a person to take care of a minor or individual and/or manage that person's assets and affairs. Guardianships in Indiana cover a multitude of people with various incapacities or disabilities. The incapacity may be due to age - as is the case with persons under 18. Additionally, it could be due to disability, temporary or permanent cognitive issues, and advanced age. Courts in Indiana are cautious in establishing guardianships because laws are written to protect people from limitations of their freedoms. Courts are wary in giving others the abil ..read more

I do not know of anyone who has said to me, "2020 was a great year!" In the case of my husband and me, it was a truly awful year. We lost his mother somewhat suddenly after a short illness, and we lost my dad a few months later. My mother-in-law, Ruth, was an Indiana middle school math teacher for more than four decades. Additionally, she was instrumental in negotiating teacher contracts in her district. To say my mother was organized is an understatement. She was meticulous – and my husband and I are very thankful. A few years ago, my father-in-law passed suddenly. From then on, every time we ..read more

Over the years, we have found that many clients are hesitant to enter mediation. When most people think of divorce, they think of long processes involving layers of lawyers, judges, and court dates. As a certified mediator, I try to steer my clients toward mediation whenever possible. Litigation is a viable solution to complete a marriage dissolution, but in many cases, it is not the best option. Mediation has many benefits to both parties:  It is generally less expensive. It gives both parties more input on the decision. It is proven to lead to longer-lasting outcomes. Cost In m ..read more

What is Mediation? Many clients are hesitant to choose mediation over litigation. In Carmel and around central Indiana, mediating your separation, dissolution, child custody or child support case can be a better option because it allows you input in the process and can be a cheaper option. When you choose to present your case to a judge, it involves each party making their case and leaving the decision up to the judge. In the vast majority of cases, there is no clear “winner” and “loser” in this scenario. The judge will consider all of the arguments, and return with a decision somewhere in the ..read more

This content is adapted from a press release issued by Patricia Bernstein of Bernstein & Associates. SEVEN GUIDELINES FOR PARENTS WHO ARE DIVORCED/SEPARATED AND SHARING CUSTODY OF CHILDREN DURING THE COVID19 PANDEMIC From the leaders of groups that deal with families in crisis: Susan Myres, President of American Academy of Matrimonial Lawyers (AAML) Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC) Annette Burns, AAML and Former President of AFCC Yasmine Mehmet, AAML Kim Bonuomo, AAML Nancy Kellman, AAML Dr. Leslie Drozd, AFCC Dr. Robin Deutsch, AFCC Jill ..read more