While real life domestic litigation is gritty and full of harsh realities of relationships and what happens when they end, there are three important legal lessons Indiana divorce or domestic litigants can take from the new movie or sequel “Ted.”
First, everything that is not a child, even a family heirloom, beloved toy or pet is property. There is not custody or visitation rights to items. Indiana trial courts are bound to divide it and divide all property in a just and reasonable way.
Second, court is serious. This is the time to prepare for your case with your attorney and tell your story. There is rarely a second trial after losing the first one due to a concept called res judicata—the matter is decided. This is particularly the case in civil litigation where there is no loss of freedom—or life. Failure to make a case is probably only remedied on appeal.
Third, being a bad actor, such as “Ted” appeared to be, if it impacts the children, such as arrests for drug offenses can be considered by the trial court in wasting marital assets in how it divides the marital estate or awards custody of the children if this behavior impedes meeting their best interests.
These are real life lessons for domestic cases in Indiana courts. Also, it is important to get a lawyer matched with the issues the case raises. A newly minted attorney (just graduated law school and passed the bar may be a good choice for your case or a poor choice). Conversely, an attorney with many years experience who is not versed in your case may not be the best choice either.
This blog is written by attorneys at Dixon & Moseley, P.C. Our advocates practice across the state of Indiana. This is written for general educational information. It is not intended as legal advices not a solicitation for representation. We hope you find this blog useful to your daily life.