Divorce and child custody cases present common issues and unique ones to every family that comes to Court. To assist attorneys in making their client’s best case, Indiana judges sometimes gather and present seminars for practitioners to give them guidance in what helps best present every case.
The Indianapolis Bar Association presented a seminar with Marion County and surrounding counties’ judges on March 23, 2016. This blogs covers 3 tips that came from this CLE that may help you understand what judges are looking for in divorce cases. These simple things will help in almost all cases a judge better understand the case and generally make you a better educated member of the community.
First, in all divorce cases, provide the court with a written request or oral presentation of the issues in disagreement so the he or she can be cognizant of these issues with the evidence presented to make the best ruling under the law. Conversely, let the judge know what issues are not in dispute at all or in some degree, such as who gets which car, even if the value of the car is disputed. Or if the parties agree to legal custody but have disputes about physical custody or parenting time.
Second, exchange complete and accurate financial declarations with the other side and file it with the Court. A financial declaration is just a complete list of assets and liabilities. There is a general tendency for clients to not want to do these because they are aware of their assets and liabilities or because the form takes time. However, they are required by the Courts and also help the attorneys know what makes up the total marital estate and what is in dispute for trial (or not in dispute).
Third, be on time to court and let the Court know the realistic amount of time a case will take. The reason for this is every case is unique and most Courts would rather hear all of the case and complete than run out of time and move it to a second day, which could be weeks later, and/or not make the next case that day late. This helps make a coherent case, minimizes legal fees, and maximizes how courts use their time.
We hope this blog post helps you understand some of the practical aspects of going to court in Indiana. This blog post is written by attorneys at Dixon & Moseley, P.C. It is not intended as a solicitation for legal services or advice in a specific case. It is best thought of as legal advertisement. Dixon & Moseley, P.C. attorneys handle cases across the State of Indiana.
