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Indianapolis Law Blog

Why women initiate divorce more than men

Women are often big dreamers of falling in love, having the wedding of their dreams and raising children together in a fairy-tale life. However, the age-old complaint among many women is how difficult it is to get a man to commit. But interestingly, when it comes to divorce, men are not typically the initiators, women are.

After many studies conducted of heterosexual marriage couples calling it quits, the majority show women as the pursuers of divorce. Why is this? Here are some ideas to answer this puzzling question.

Maintaining good credit through a divorce

How the financial aspects of a divorce are handled plays a significant part in the individual lives of the parties as each person moves forward to a new beginning. The division of property is generally understood by Indiana residents as meaning assets, but it also includes debts and obligations. Sometimes lost in the big picture is the impact that property division can have on the ex-spouses' credit post-divorce, but it is a mistake to ignore the potential consequences.

A seminal consideration is that a person's status as single or married is a non-factor in establishing a credit score, and consequently, a divorce by itself does nothing to change that fact. However, financial experts caution that after a divorce, a creditor may look to either of the ex-spouses for payment on a debt. Although the final divorce order will assign specific debts to one of the parties just as assets can be assigned, the court order does nothing to alter the original creditor agreement. If the original debt is considered as a joint account, one party's obligation under the divorce decree to pay does not relieve the other's obligation to pay upon a default by the first party.

Retirement accounts can complicate a divorce

When Indiana couples decide to divorce, they may frequently consider the immediate financial issues, from dealing with spousal support to dividing property. At the same time, it is important to note that divorce can have a significant effect on both parties' retirement, even if that milestone remains years ahead. In many cases, retirement accounts and pension funds may be some of the largest marital assets to be handled in property division, and both parties may find themselves needing to dramatically escalate their retirement savings after a split.

Even though an IRA is owned by one individual, that does not prevent it from being considered a marital asset. In general, any type of account that is acquired during the marriage is considered marital property subject to division in a divorce. In addition, pensions are also generally considered marital property. The portion of the pension that was accumulated during the marriage is subject to division; this means that the effects can be much more substantial when people in a long marriage separate, while a short marriage may have relatively little effect.

Indiana man charged with OVWI after vehicle and foot chase

A 44-year-old man was charged with a raft of offenses including operating a vehicle while intoxicated, drug possession, and resisting arrest after attempting to elude police on the night of March 27 according to a report from the Indiana State Police. Reports indicate that the man provided blood and urine samples for chemical testing before being transported to the Sullivan County Jail.

According to the ISP, the sequence of events began when a trooper attempted to pull a silver Ford sedan over on U.S. Route 41 near County Road 710 at approximately 11:40 p.m. Instead of pulling over as directed, the trooper says that the driver of the vehicle attempted to flee the scene. The ensuing pursuit reaches speeds of up to 70 mph according to media accounts, but it came to a sudden end when the Ford struck a tree. The driver of the vehicle allegedly then fled on foot into a nearby wooded area.

Common post-divorce problems for military spouses

Many divorcees often cite the process of separating from their husbands and wives of many years as one of the most difficult periods of their lives. While several of them often bring up the stressful events that led to the divorce or their time in court, not a lot of them discuss what happened immediately afterwards.

While you do have comfort in living independently after the court approves your divorce papers, there’s numerous tasks you must take care of now that you’re single. Adjusting to the post-divorce life is especially difficult for spouses formerly married to someone serving in the military. Knowing what obstacles lie ahead of you after the divorce may make you approach the proceedings differently.

The complexities of dividing a business in divorce

When a married couple who owns an Indiana business decides to get divorced, they could be in quite a bind. They might decide that they do not want to dissolve the business partnership along with the marital partnership. Deciding to keep running a business after a divorce is an unusual choice, but it is one of the options available. More commonly, one spouse will keep the company or the couple will agree to sell it.

The first step for business owners who are getting a divorce is to valuate the company. After this, they can put it on the market. If the company does not sell right away, they might need a plan to keep running it in the meantime. They may need to either continue working together or make arrangements for one spouse to keep running the business until it sells.

Preliminary hearings in DUI cases

If an Indiana driver is caught drunk while behind the wheel, chances are they'll get arrested. The accused will then have to enter a plea of either guilty or not guilty. Pleading guilty is an admission that the charges are right, leading the accused directly to sentencing. Should the defendant wish to plead not guilty, they will have to attend a preliminary hearing before their case goes to trial.

In a nutshell, a preliminary hearing is sort of a trial before the trial where a judge listens to the case from both the prosecutor and the defense attorney and then decides whether there is enough evidence for the trial to move forward. In other words, the judge has to decide whether the prosecution has amassed enough evidence to convince a jury of the culpability of the defendant and whether this evidence will hold up in trial after the defense has tried to discredit it.

RHI (Rehabilitation Hospital of Indiana) Sports Program Spirit of Sport Breakfast

Kelly.jpeg"Recently, Robin L. Kelly attended the RHI (Rehabilitation Hospital of Indiana) Sports Program Spirit of Sport Breakfast with other area family law attorneys, showing support for the hospital's critical mission of providing personalized, compassionate care that enables individuals to regain hope and independence after life-changing injury or illness."

Dividing home equity when a marriage ends

Married couples in Indiana who choose to get divorced will likely need to figure out what to do about the marital home. The first step in making a decision is determining how much the home is worth. That can be done by getting an appraisal, and each spouse should get their own appraisal to ensure that it is done in an accurate manner. Once the home's value has been determined, a couple can choose how to split the equity.

One common method of doing so is to sell the home and split the proceeds. If one person wants to keep the home, the loan can be refinanced to take the other spouse off it. During the refinance process, equity can be pulled out of the home and split with the person who is leaving. The final option is to share the property until it makes more sense to sell or refinance.

How drug convictions may affect students

Students in Indiana who are convicted of drug-related crimes could find that the conviction affects their ability to get federal financial student aid. Students who are getting aid in the form of a work-study program, loans or grants at the time of the incident leading to the conviction could lose their eligibility.

When filling out the Federal Application for Federal Student Aid, students will be asked whether they have ever been convicted of a drug-related offenses while getting federal student aid. If they were, they will have to complete a worksheet to find out if their eligibility is affected. If the conviction happens while the student is receiving aid and the student received any financial aid during the ineligible period, there could be a requirement to pay it back.

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