Do I need a Prenuptial Agreement?
Wheeler Law Firm, LLC
by wheelthelaw
2y ago
Prenuptial agreements, also referred to as antenuptial or premarital agreements, are beneficial in many situations, particularly those in which one or both parties are bringing substantial assets to the marriage or when they want to protect their children’s future property interests. Prenuptial agreements are often used in second (or third or fourth) marriage situations when there are children from prior relationships. One or both spouses may have assets that in the event of death or divorce, they prefer to leave to their children instead of all or a portion going to their spouse. Indiana has ..read more
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Four Important Documents Everyone Should Have in Place
Wheeler Law Firm, LLC
by wheelthelaw
2y ago
It sometimes takes a tragic event for people to reflect on their own situation and get their affairs in order. Other times, it is too late and family members are left scrambling. Here are four basic, important legal documents everyone should have in place as part of the estate plan. Financial Power of Attorney. This document delegates authority to someone else to manage your financial affairs alongside you or in the event you are incapacitated. This person is referred to as your agent or attorney-in-fact. It is wise to list one or two alternate people to serve in this role if your primary cho ..read more
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School Breaks and Parenting Time
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
We did a blog earlier this week about the general rules for summer parenting time. What about the other breaks, such as spring, fall and winter breaks? The first place to start is by working it out with the other parent. There are many moving parts in scheduling vacations, time off work, childcare, and activities with your children during times outside the regular parenting time schedule. “Working it out” is not always easy, practical, or possible for many parents, which is why the Indiana Parenting Time Guidelines is the next step. If there is already a court order in place that deviates fr ..read more
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Summer Parenting Time
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
Every summer around this time, we get calls about summer parenting time. One parent feels like they are not getting an equal amount of time over summer break. What are the rules exactly? If your court order doesn’t specify otherwise, and your child is older than 5 years, then you will likely split the summers equally. Obviously, there are exceptions to every rule, especially in family law, so it wise to speak with an attorney to see if and how this general rule applies to your family. If this general rule applies from the Indiana Parenting Time Guidelines, then the parent labeled “non-custodi ..read more
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How long does a divorce take in Indiana?
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
At a minimum, the State of Indiana requires sixty (60) days between the filing of a divorce and a final divorce decree being entered. There are no exceptions. This 60-day period is also referred to as the “cooling off” period to allow parties time to reflect and decide if they truly want to push forward with the divorce. Without this cooling off period, people could get divorced instantly after one fight or argument, a decision they may later regret. As attorneys, we take advantage of this 60-day period to evaluate the marital estate and advise on all child-related items. After filing for div ..read more
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Dissecting a Financial Declaration Form
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
Several counties in Indiana require parties in every divorce and paternity case, and any modification case thereafter, to complete a Financial Declaration Form. Most counties have their own form for litigants to use. You can likely find your county’s form with a simple google search or by reading the county’s local rules; the form is often times included with the local rules. For purposes of this article, I will refer to the Hamilton County Financial Declaration Form which can be accessed here. The Marion County form is very similar as well. Page 1: On Page 1, all entries must be divided out ..read more
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How do I get my spouse out of the house?
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
This is a common question at the beginning of every divorce. You are ready to file for divorce and you want your spouse to leave. Without an agreement as to who will live in the house while your divorce is pending, you have basically two options: File for a Protective Order. This is not suggested if there has never been domestic violence or you are not in imminent fear of physical harm. Absent one of those scenarios, you will likely not get a protective order. Chances are, if you truly needed a protective order to protect yourself from your spouse, you would have already taken the steps to o ..read more
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The Ins and Outs of Indiana’s Relocation Statute
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
Part II How crucial it is to follow the Indiana Relocation Laws carefully whether you are the parent who wants to move, or you are the parent who wants to stop the children from moving Every case I have litigated where one parent wanted to move away and take the children, there was one common theme: follow the relocation statute to a T, or you will be sorry. Judges expect parents to follow all rules and orders when it comes to raising their children with an ex, but the one area of family law that both sides must carefully navigate is relocation. Some custodial parents think just because they h ..read more
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The Ins and Outs of Indiana’s Relocation Statute
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
Part I – How to properly object to your child moving out of state when you were never married to the other parent and never went to court News Alert: It’s 2021 and you still cannot move your child out of state unless the other parent agrees or you get the court’s permission after a court hearing. Indiana Law has specific rules and requirements for both parents to follow when one parent wants to move out of state with the child. Whether you are the parent wanting to move or the parent objecting to the move, you should become very familiar with Indiana’s Relocation Statute found at I.C. 31-17-2 ..read more
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Family Law Cases and Mental Health
Wheeler Law Firm, LLC
by wheelthelaw
3y ago
Just… Keep… Swimming… As Mental Health Awareness Month comes to an end (May), I would be amiss not to address the impact family law cases have on one’s mental health. Whether it is a paternity case, divorce, or custody/parenting time modification, battling it out with an ex in court is always stressful; there is no denying that. Some people feel relieved the marriage is finally over while others are devastated with no will to live. Then there are others who are fine one minute but not the next; with mixed feelings of relief and then heartache, just trying to keep their head above water… one f ..read more
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