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    <title type="text">Smith Legal LLC</title>
    <subtitle type="text">Smith Legal LLC</subtitle>

    <updated>2026-06-15T15:20:20Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[Four tips for summertime fun with kids after divorce]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2026/06/four-tips-for-summertime-fun-with-kids-after-divorce/" />
            <id>https://www.scottsmithlegal.com/?p=254796</id>
            <updated>2026-06-15T15:20:20Z</updated>
            <published>2026-06-15T15:18:54Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Summer can feel complicated after parents separate or divorce. Your children may be adjusting to two homes, a new schedule and big emotions that show up at unexpected times. The good news is that a memorable summer does not require elaborate travel or constant entertainment. It requires steadiness, thoughtfulness and a plan that supports your parenting time while keeping your…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2026/06/four-tips-for-summertime-fun-with-kids-after-divorce/"><![CDATA[<span style="font-weight: 400;">Summer can feel complicated after parents separate or divorce. Your children may be adjusting to two homes, a new schedule and big emotions that show up at unexpected times. The good news is that a memorable summer does not require elaborate travel or constant entertainment. It requires steadiness, thoughtfulness and a plan that supports your parenting time while keeping your children out of conflict. With that in mind, the following tips can help you and your children have a memorable and fun summer.</span>
<h2><span style="font-weight: 400;">#1: Start with a clear summer parenting plan</span></h2>
<span style="font-weight: 400;">If your parenting schedule changes in the summer, put it in writing early. A detailed plan reduces misunderstandings and helps children feel secure because they know what to expect. If you already have court orders, follow them and confirm any adjustments in a </span><span style="font-weight: 400;">respectful</span><span style="font-weight: 400;"> written message using a parenting application or text. Do not rely at all on verbal agreements…ever.</span>

<span style="font-weight: 400;">Before you begin planning activities, focus on the following:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Review</span> <a href="https://protect.checkpoint.com/v2/r01/___https://rules.incourts.gov/pdf/PDF%20-%20Parenting/parenting.pdf___.YzJ1OndlYm1kOmM6Z29vZ2xlX21haWxfYXR0YWNobWVudDo3MjgyMzgyODE2ZmM5ZGU0NDk4NTUwYzkxM2Y5MDc4Nzo3OjVkYzg6MDY1MmZkMTgzNTk5YmRiZGVlMTgyNjNmYzI5YmI1YTBlYjk5YjFjOWU1MmYxNDA0MjY0Njk3MDI4OTQwYzAwNjpwOlQ6Rg" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;">the parenting plan</span></a><span style="font-weight: 400;"> to confirm exchange times, locations and transportation responsibilities in advance  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Share key information such as camp details, medical needs and travel itineraries  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Keep communication child-focused, businesslike and consistent</span></li>
</ul>
<span style="font-weight: 400;">When you handle the logistics proactively, children often experience fewer loyalty pulls and you have more emotional bandwidth to be present.</span>
<h2><span style="font-weight: 400;">#2: Create simple traditions that travel between homes</span></h2>
<span style="font-weight: 400;">Children remember how summer felt. Small traditions provide continuity, even when the calendar is split. Consider repeating experiences that are easy to maintain year to year so your children can look forward to them, regardless of the parenting schedule.</span>

<span style="font-weight: 400;">Ideas that often work well when children are balancing separated households can include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">A weekly library trip followed by a picnic or frozen treat  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">A “choose the dinner” night tied to a movie or board game  </span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">A photo-a-day summer album that stays with the child</span></li>
</ul>
<span style="font-weight: 400;">End each tradition with a predictable closing, such as writing one highlight on a note card or choosing the next week’s activity. Predictability is comforting during transition.</span>
<h2><span style="font-weight: 400;">#3: Protect children from adult conflict</span></h2>
<span style="font-weight: 400;">Even well intentioned parents can slip into venting or negotiating in front of children. Summer often includes extra exchanges, travel requests and schedule swaps, which can raise tension.</span> <a href="https://socialchangenyu.com/review/caught-in-the-middle-protecting-the-children-of-high-conflict-divorce/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;">Keep adult discussions private</span></a><span style="font-weight: 400;"> and do not use children as messengers…ever. Also, do not ask your children about schedule changes or parenting time preferences…ever. If disagreements arise, return to the written plan or use a parenting app or through mediator or court, as may be necessary.</span>
<h2><span style="font-weight: 400;">#4: Keep the focus on connection, not perfection</span></h2>
<span style="font-weight: 400;">A memorable summer after divorce is built through consistent attention: listening at bedtime, showing up for their interests and making room for their feelings. When children see that both parents can support their joy without competition, they gain confidence in their new normal.</span>

<span style="font-weight: 400;">You cannot control every moment after divorce or separation. However, you, as the mature adult parent, can control the environment of your home and the structure of your summer.</span> <a href="/child-custody/" data-wpel-link="internal"><span style="font-weight: 400;">With a clear plan</span></a><span style="font-weight: 400;">, a few repeatable traditions and firm boundaries around conflict, you can give your children a summer that feels safe, steady and genuinely fun.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[When can child custody or support orders be modified in Indiana]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2026/05/when-can-child-custody-or-support-orders-be-modified-in-indiana/" />
            <id>https://www.scottsmithlegal.com/?p=254794</id>
            <updated>2026-05-22T20:14:10Z</updated>
            <published>2026-05-11T15:45:52Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Life changes. The only certainty in life. And when it does, custody, parenting time and child support orders may no longer reflect your situation or your child’s needs. Indiana law allows modifications of custody, parenting time and child support. However, the process of modification requires meeting very specific legal (statutory and case law progeny) standards. What the law requires for…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2026/05/when-can-child-custody-or-support-orders-be-modified-in-indiana/"><![CDATA[Life changes. The only certainty in life. And when it does, custody, parenting time and child support orders may no longer reflect your situation or your child's needs. Indiana law allows modifications of custody, parenting time and child support. However, the process of modification requires meeting very specific legal (statutory and case law progeny) standards.
<h2>What the law requires for custody modifications</h2>
<a href="https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-17-2-21/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Indiana Code § 31-17-2-21</a> sets the rules for modifying custody orders in divorce matters. <a href="https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-14-13-6/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Indiana Code § 31-14-13-6 </a>is the applicable statute in paternity cases. A court may only change an existing order when two conditions are met. First, there must be a substantial change in one or more of the statutory factors courts consider when making custody determinations. Second, and more importantly, the modification must serve the child's best interests.

Minor or temporary changes do not meet these standards. Courts look for shifts that seriously affect whether the current orders still support the best interests of the child.

Custody modifications include changes to legal and/or physical custody. Examples of custody modification are a change from joint legal to sole legal or shared physical to primary physical. While statutes are not particularly clear on a differentiation between the two for modification purposes, knowledge of relevant case law, the Indiana Parenting Time Guidelines and judge’s perspectives (only derived from actual litigation experience) all play a role in effectuating modification.
<h1>Common reasons parents seek modifications</h1>
Several circumstances may support a modification of custody and/or parenting time request. Courts will consider situations such as:
<ul>
 	<li style="font-weight: 400;" aria-level="1"><strong>Relocation:</strong> A parent moving to a new city or state may make the current schedule unworkable.</li>
 	<li style="font-weight: 400;" aria-level="1"><strong>Work schedule changes:</strong> A significant shift in a parent's hours can affect availability and parenting time.</li>
 	<li style="font-weight: 400;" aria-level="1"><strong>Child's evolving needs:</strong> The lifestyle and needs of the child, such as: academics, activities, sports, work, healthcare, special needs and more facts about the child all matter. When children are 14 and older, the Courts can (not mandated) give greater weight to the child’s desires.</li>
 	<li style="font-weight: 400;" aria-level="1"><strong>Safety concerns:</strong> Evidence of abuse, neglect or an unsafe home environment (due to substance abuse or unmanaged mental health conditions) may prompt an not only a modification, but an urgent or emergency review.</li>
</ul>
Meeting one of these conditions does not guarantee a modification. The court still weighs all factors before ruling.
<h2>How child support modifications work</h2>
Child support modifications rely on a completely different set of statutes from custody modifications, although a custody (or parenting time modification) frequently results in a child support obligation modification. Under Indiana law, either parent may request a modification if at least 12 months have passed since the last order. A modification may also be available sooner than 12 months if there is a substantial and continuing change in circumstances that make the prior (existing) child support order unreasonable. Significant shifts in income or custody/parenting time are the leading causes for child support modifications. Courts examine both parents' current financial situations before adjusting a child support order (which may also impact contribution to other child-related expenses by both parents). See <a href="https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-16-8-1/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Indiana Code § 31-16-8-1</a>.
<h2>Contested vs. uncontested modifications</h2>
If both parents agree, they can submit an agreed order modifying custody, parenting time and/or child support subject to  court approval. Uncontested changes move faster and do not require a hearing. If parents disagree, the court schedules a hearing where each side presents evidence (typically after the parties are required to mediate beforehand). Contested cases can take several months to resolve.
<h2>You may talk to a family law attorney about your options</h2>
Custody, parenting time and child support modifications involve <a href="/child-custody/modifications/" data-wpel-link="internal">detailed procedural requirements</a> and evidentiary standards. Smith Legal LLC can review your circumstances and help you determine whether pursuing a modification is appropriate.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[What is a fair, just and reasonable division of the marital property in Indiana? It may not be an equal one.]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2026/04/what-is-a-fair-just-and-reasonable-division-of-the-marital-property-in-indiana-it-may-not-be-an-equal-one/" />
            <id>https://www.scottsmithlegal.com/?p=254778</id>
            <updated>2026-04-14T15:08:32Z</updated>
            <published>2026-04-14T15:08:32Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Dividing property can impact your financial stability after divorce. Indiana law sets a framework for division assuming equal is right. However, equal division is not always right and indeed, may be unreasonable and unjust. The outcome of the division of the marital estate depends on a great deal of facts and evidence that can be presented on the basis of…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2026/04/what-is-a-fair-just-and-reasonable-division-of-the-marital-property-in-indiana-it-may-not-be-an-equal-one/"><![CDATA[<span style="font-weight: 400;">Dividing property can impact your financial stability after divorce. Indiana law sets a framework for division assuming equal is right. However, equal division is not always right and indeed, may be unreasonable and unjust. The outcome of the division of the marital estate depends on a great deal of facts and evidence that can be presented on the basis of equity.</span>
<h2>Indiana Law assumes a fair division is an equal division</h2>
<span style="font-weight: 400;">Indiana uses an equitable distribution system-therefore, parties may argue that equity necessitates an outcome that is not. Courts begin with a presumption that a 50/50 split of assets and debts is fair. However, this presumption is rebuttable - meaning you can present arguments as to the basis for a different division, something other than 50/50.</span>

<span style="font-weight: 400;">Under</span><a href="https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-15-7-4/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"> <span style="font-weight: 400;">Indiana Code 31-15-7-4</span></a><span style="font-weight: 400;">, marital estates are “one-pot.” When you marry, you are legally one person - thus all of your individual assets and debts become marital property and are all in one pot. All assets and debts: even pre-marital, inheritances and gifts, are marital and thus are included in the marital estate, regardless of when or how it was acquired.</span>

<span style="font-weight: 400;">This means ownership labels (titles) do not control the outcome and in fact are mostly irrelevant. Indeed, without a pre-marital agreement, no asset or debt can be excluded from the marital pot. </span>
<h2>When equal is not fair, just or reasonable</h2>
<span style="font-weight: 400;">A 50/50 split however is only the starting point. You may present evidence to show that equal division would be unjust. The court evaluates the full marital estate before distributing anything. Several factors (more than can be listed here) are potential considerations for rebutting the equal division presumption. Leading factors include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Contribution toward acquisition of assets:</b><span style="font-weight: 400;"> Financial, non-financial (homemaking efforts).</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Pre-marital assets or debts: </b><span style="font-weight: 400;">Assets or liabilities that existed at the time of marriage.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>inherited or gift property:</b><span style="font-weight: 400;"> Assets acquired by inheritance or gifts before or during the marriage, received individually, by one spouse.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Economic circumstances:</b><span style="font-weight: 400;"> Each spouse’s financial condition at the time of divorce.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Dissipation of assets:</b><span style="font-weight: 400;"> Waste, concealment or improper spending of marital assets or income.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Earning capacity:</b><span style="font-weight: 400;"> Differences in income or future earning ability.</span></li>
</ul>
<span style="font-weight: 400;">Proper presentation of salient and relevant information related to these leading factors allow the Courts (or in settlement negotiations) to deviate from the presumption that equal is fair, just and reasonable. Oftentimes, each spouse receiving the same amount of assets and debts is completely unjust.</span>
<h2>How courts divide assets and debts</h2>
<span style="font-weight: 400;">Judges have flexibility in how they structure property division. The goal is to reach a fair overall distribution. Common approaches include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Awarding property directly:</b><span style="font-weight: 400;"> Each spouse receives assets of similar value.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Ordering a buyout (property equalization payment):</b><span style="font-weight: 400;"> One spouse keeps an asset and pays the other their share.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Requiring a sale:</b><span style="font-weight: 400;"> Property is sold and proceeds are divided.</span></li>
</ul>
<span style="font-weight: 400;">Courts actually may combine these various methods. For example, one spouse may keep the home while the other receives retirement assets.</span>
<h2>When it may help to consult an attorney</h2>
<span style="font-weight: 400;">Property division involves complex financial, practical and legal issues. Using the right attorney with the right experience, knowledge and reliable experts makes all the difference. An <a href="/contact/" data-wpel-link="internal">attorney like me</a></span><span style="font-weight: 400;">, can help you understand how Indiana courts may</span><a href="https://www.scottsmithlegal.com/property-division/" data-wpel-link="internal"> <span style="font-weight: 400;">apply the law to your situation</span></a><span style="font-weight: 400;"> and set your short and long-term priorities. Careful guidance and representation from me will assure a fair, just and reasonable division of your marital estate based on your specific and unique circumstances.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[What problems can you expect with joint physical custody?]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2026/04/what-problems-can-you-expect-with-joint-physical-custody/" />
            <id>https://www.scottsmithlegal.com/?p=254774</id>
            <updated>2026-04-06T17:17:18Z</updated>
            <published>2026-04-06T17:17:03Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[While joint physical custody might work well for some families, it is not always a perfect compromise. Even if both parents can spend a lot of time with their children, the day-to-day reality of maintaining a strict schedule has the potential to cause a lot of problems. With this in mind, it is important to consider the complications you might…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2026/04/what-problems-can-you-expect-with-joint-physical-custody/"><![CDATA[<span style="font-weight: 400;">While joint physical custody might work well for some families, it is not always a perfect compromise. Even if both parents can spend a lot of time with their children, the day-to-day reality of maintaining a strict schedule has the potential to cause a lot of problems. With this in mind, it is important to consider the complications you might face with shared physical custody. </span>
<h2><span style="font-weight: 400;">Common problems families face with joint physical custody</span></h2>
<span style="font-weight: 400;">Courts in Indiana award joint (or shared) physical custody if they deem that your child would prosper most from spending equal time with both parents. According to Indiana Code 31-17-2-8, the state decides custody based on your child’s </span><a href="https://iga.in.gov/laws/2024/ic/titles/31#31-17-2-8" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;">best interests</span></a><span style="font-weight: 400;">. Judges determine the best interests of children through a number of factors such as: their adjustment to their home, school and community, patterns or history of domestic abuse, the interrelationship of the parties and the children, as well as the mental and physical health of the children and each of their parents. </span>

<span style="font-weight: 400;">However, even if the Court believes that joint physical custody is what is best for the child, complications may arise. Major problems you may encounter include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Constant scheduling friction:</b><span style="font-weight: 400;"> If schedules are too tight, work shifts, school events, holidays and sick days can cause disputes between you and the other parent.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Communication breakdowns:</b><span style="font-weight: 400;"> If both parents do not openly communicate with one another about education, health care and discipline, their child may struggle to internalize what they are taught.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Distance and transportation strain: </b><span style="font-weight: 400;">Even moderate travel time can cause children stress and disrupt sleep, homework and extracurricular activities.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Different rules in each home:</b><span style="font-weight: 400;"> Contradictory bedtime routines, screen limits or discipline has the potential to cause behavioral problems and stress in your children.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Uneven workload:</b><span style="font-weight: 400;"> One parent might have more responsibilities than the other, even if parenting time looks equal on paper.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>New partners and blended family conflict:</b><span style="font-weight: 400;"> Children might struggle with new family members if one parent remarries or has a partner who plays a parental role. </span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Increased litigation risk:</b><span style="font-weight: 400;"> If both parents have too many grievances or disagreements, they may return to court to modify or enforce custody orders.</span></li>
</ul>
<span style="font-weight: 400;">Joint physical custody can also raise practical disputes. While parenting time (overnight credit) impacts child support, it is not the primary aspect. Child support is primarily based on the income of each parent and the total number of children. While a concrete parenting plan can reduce conflict, gaps in the plan often lead to arguments about where you should exchange children, late pickups and which parent must pay for activities.</span>
<h2><span style="font-weight: 400;">What can you do to reduce the risk of these problems from happening?</span></h2>
<span style="font-weight: 400;">While it may be impossible to prevent the problems that may come with </span><a href="https://www.scottsmithlegal.com/child-custody/" data-wpel-link="internal"><span style="font-weight: 400;">joint physical custody</span></a><span style="font-weight: 400;">, there are steps you can take to reduce the risk of them happening. It is important to create a strong parenting plan with a realistic schedule. You should set clear parenting time exchange rules, reasonable communication methods and ways to resolve issues short of litigation. Being child-focused, understanding, mature, honest and open, showing grace and having flexibility will not only help the children in shared physical custody situations, but also decrease any likelihood of court intervention.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[How long does a same-sex divorce take in Indiana?]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2026/02/how-long-does-a-same-sex-divorce-take-in-indiana/" />
            <id>https://www.scottsmithlegal.com/?p=254773</id>
            <updated>2026-02-17T05:01:05Z</updated>
            <published>2026-02-17T05:01:05Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Ending a marriage is a difficult journey, and some people in same-sex marriages wonder whether the process will be more challenging for them. If you are in a same-sex marriage, you likely want to know how long the legal process will take. While every situation is different, understanding the rules and the basic timeline can help you feel more prepared.…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2026/02/how-long-does-a-same-sex-divorce-take-in-indiana/"><![CDATA[<span style="font-weight: 400;">Ending a marriage is a difficult journey, and some people in same-sex marriages wonder whether the process will be more challenging for them. If you are in a same-sex marriage, you likely want to know how long the legal process will take. While every situation is different, understanding the rules and the basic timeline can help you feel more prepared.</span>
<h2><span style="font-weight: 400;">The 60-day waiting period</span></h2>
<span style="font-weight: 400;">The most important thing to know is that Indiana law requires a cooling-off period. Under Indiana law, a judge cannot finalize a divorce until at least 60 days have passed from the date the petitioner first filed the petition. This is the absolute minimum amount of time a divorce can take, even if both spouses agree on every detail.</span>
<h2><span style="font-weight: 400;">Residency requirements</span></h2>
<span style="font-weight: 400;">Before you can file, you must meet the state's residency requirements. At least one spouse must have lived in Indiana for the last six months. Also, that spouse must have lived in the specific county where they filed the divorce for the last three months. If you do not meet these rules, the timeline cannot begin.</span>
<h2><span style="font-weight: 400;">Uncontested vs. contested cases</span></h2>
<span style="font-weight: 400;">The speed of your case mainly depends on how well you and your spouse work together. There are two main types of divorce cases, and which category your case falls into can make a big difference in how long the process takes.</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Uncontested divorce: This is the fastest path. It happens when both people agree on how to split property and handle child custody. To finish quickly after the 60 days, both spouses must sign a settlement agreement and a written waiver of the final hearing.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Contested divorce: If there are disagreements about money, debts or parenting time, the process takes much longer. These cases often require mediation or a trial. It is common for these divorces to take several months or even over a year.</span></li>
</ul>
<span style="font-weight: 400;">Even in simpler cases, delays can still happen. Court scheduling issues, missing paperwork, or poor communication can slow the process.</span>
<h2><span style="font-weight: 400;">Same-sex marriage considerations</span></h2>
<span style="font-weight: 400;">While Indiana grants same-sex couples the same legal right to divorce as any other couple, property division can sometimes be complex. Because the law did not always recognize same-sex marriage, a court may need to decide how to handle assets the couple bought before they could officially marry.</span>

<span style="font-weight: 400;">If you are unsure about your rights, speaking with a family law attorney may help provide clarity and help you make the best decisions for your future.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[The role of temporary orders in a high conflict divorce]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2026/01/the-role-of-temporary-orders-in-a-high-conflict-divorce/" />
            <id>https://www.scottsmithlegal.com/?p=254769</id>
            <updated>2026-01-05T15:42:41Z</updated>
            <published>2026-01-05T15:42:41Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When emotions run high and cooperation seems impossible, you need immediate answers about how your family will function during your divorce. Temporary orders can help provide the stability that you need. This blog explains their purpose and how they may affect the outcome of the proceedings. Why temporary orders matter Courts issue temporary orders to establish rules for your family…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2026/01/the-role-of-temporary-orders-in-a-high-conflict-divorce/"><![CDATA[When emotions run high and cooperation seems impossible, you need immediate answers about how your family will function during your divorce. Temporary orders can help provide the stability that you need. This blog explains their purpose and how they may affect the outcome of the proceedings.
<h2>Why temporary orders matter</h2>
Courts issue temporary orders to establish rules for your family during the divorce process. In Indiana, these are<a href="https://iga.in.gov/laws/2024/ic/titles/31#31-15-4" data-wpel-link="external" target="_blank" rel="noopener noreferrer"> called provisional or preliminary orders</a>, and they remain in effect until modified by further order, either by agreement or through contested proceedings. Temporary orders address immediate concerns that cannot wait months for mediation or a final hearing.

High conflict divorces often involve poor communication and numerous disputes. As such, if you cannot reach agreement with your spouse, provisional hearings let a judge step in and set clear expectations and more importantly, enforceable orders. Without temporary orders in place, by agreement (that MUST approved by the Court) or order following a contested hearing you do not have anything that is enforceable or frankly meaningful. If you cannot reach agreement on provisional temporary orders, you and your spouse can present your positions before a judge makes temporary rulings.
<h2>How these orders protect your children</h2>
Child-related disputes often cause the most tension in high conflict divorces. Under Indiana law, a judge can issue<a href="https://www.findlaw.com/family/divorce/family-court-decisions-temporary-orders.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer"> temporary child-custody orders</a> which cover:
<ul>
 	<li style="font-weight: 400;" aria-level="1">Which parent has primary physical custody and where the children will live</li>
 	<li style="font-weight: 400;" aria-level="1">Parenting time schedules that show when each parent will spend time with the children</li>
 	<li style="font-weight: 400;" aria-level="1">Who makes decisions about the children’s education, healthcare and religious matters</li>
 	<li style="font-weight: 400;" aria-level="1">How parents should communicate about child-related issues</li>
</ul>
The court also sets your support obligations through these temporary orders. Using the Indiana Child Support Guidelines, the court calculates payment amounts based on both parents' incomes, parenting time credits and the number of children, legally establishing the financial support obligations for the duration of the divorce.
<h2>What orders can do to help maintain stability</h2>
Indiana courts can issue temporary restraining orders that prevent either party from:
<ul>
 	<li style="font-weight: 400;" aria-level="1">Transferring, selling, hiding or otherwise disposing of marital assets</li>
 	<li style="font-weight: 400;" aria-level="1">Taking on new debt (except for basic necessities) without the other party's written consent or court permission</li>
 	<li style="font-weight: 400;" aria-level="1">Canceling insurance policies or removing a spouse from coverage</li>
 	<li style="font-weight: 400;" aria-level="1">Changing or terminating mobile phone plans, bank accounts, line of credit, beneficiary designations</li>
 	<li style="font-weight: 400;" aria-level="1">Refusing to pay marital bills and expenses</li>
 	<li style="font-weight: 400;" aria-level="1">Making large purchases outside the normal course of business</li>
</ul>
If you rely on your <a href="https://www.scottsmithlegal.com/spousal-support/" data-wpel-link="internal">spouse for financial support</a>, the court can order temporary maintenance payments. This establishes a legal requirement to help meet basic needs while the divorce is pending.
<h2>How provisional orders shape your final divorce decree</h2>
These orders often influence the final outcome of your divorce more than you might expect. While legally these orders are temporary, they establish a "status quo" for your family that judges often look to when considering stability for the final ruling.

They also provide an opportunity to test arrangements before they become permanent. You can see what parenting schedules actually work for your family's needs and identify potential issues that require adjustment.

This practical experience informs better decisions when negotiating or litigating the final decree. During this period, your attorney acts as a strategic buffer, helping you understand the terms of the order and anticipating what the next steps of the divorce will be.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[Modifying child support and spousal maintenance during holidays in Indiana]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2025/12/modifying-child-support-and-spousal-maintenance-during-holidays-in-indiana/" />
            <id>https://www.scottsmithlegal.com/?p=254759</id>
            <updated>2025-12-15T18:43:37Z</updated>
            <published>2025-12-15T18:43:37Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[The holidays bring joy, family gatherings, and gifts. However, they also bring more expenses. You browse the toy store aisles, calculate travel costs and plan holiday meals with your child. Your budget stretches thin and you may wonder if Indiana law allows you to request increased child support or spousal maintenance during this costly season. Fortunately, you are not without…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2025/12/modifying-child-support-and-spousal-maintenance-during-holidays-in-indiana/"><![CDATA[<span style="font-weight: 400;">The holidays bring joy, family gatherings, and gifts. However, they also bring more expenses. You browse the toy store aisles, calculate travel costs and plan holiday meals with your child. Your budget stretches thin and you may wonder if Indiana law allows you to request increased child support or spousal maintenance during this costly season.</span>

<span style="font-weight: 400;">Fortunately, you are not without options. Navigating these increased holiday expenses can be challenging, but you can explore your legal options to strengthen your financial position during this holiday season.</span>
<h2>How to negotiate for more support</h2>
<span style="font-weight: 400;">Of course, you cannot change either child support or spousal maintenance overnight. Instead, you must work through the legal system. First, you need to file a request with the court to modify your current support orders. In negotiations or after a hearing, the respective financial positions of the parties must be assessed to determine if a substantial and continuing change in circumstances has occurred (or other basis to modify). Then, by agreement or a judge if litigated, child support or spousal maintenance can be adjusted.</span>

<span style="font-weight: 400;">The holiday season does create unique financial pressures. You face gift purchases, travel costs and special meals. However, these expenses alone will not convince a judge to increase your support. You need to show that your (or the other party’s) overall financial needs and means have changed. Thus, understanding what justifies a support increase will help strengthen your case.</span>
<h2>Common reasons why your spousal support might change</h2>
<span style="font-weight: 400;">Building on the need for documented financial changes, you should know what reasons Indiana courts find most compelling. Here are several specific factors that can justify a support increase:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Changes in income: Your ex-partner may have received a year-end bonus, raise or promotion that substantially changes their circumstances to pay for more support.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Increased expenses: If you have custody of your children, holiday costs can increase quickly and strain your existing budget. But you need to show increases in work-related child care, health insurance premiums, subsequent children, prior children support obligations, or other specific financial obligations have arisen or changed since the last order.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Changed circumstances: Significant shifts in parenting time or in your financial situation since the original order can warrant a modification.</span></li>
</ul>
<span style="font-weight: 400;">Keep in mind that court approval (making a modification an “order” of the Court) is absolutely necessary before making these changes enforceable. But once you understand these valid reasons, you can better explore your options with professional legal help.</span>
<h2>Seeking professional guidance</h2>
<span style="font-weight: 400;">Asking the court for a support change can be confusing. That is why you should contact an experienced family law attorney. They can negotiate on your behalf during mediation, arbitration or in Court.</span>

<span style="font-weight: 400;">This support proves especially valuable during the holiday season when emotions run high and stress levels increase. Remember, the law protects your right to request fair support. You deserve financial stability during the holidays and throughout the year.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[3 things to consider when discussing divorce with your spouse]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2025/11/3-things-to-consider-when-discussing-divorce-with-your-spouse/" />
            <id>https://www.scottsmithlegal.com/?p=254753</id>
            <updated>2025-11-13T17:33:50Z</updated>
            <published>2025-11-13T17:33:50Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Ending a marriage can be heartbreaking. However, a dissolution of marriage can (and should) be accomplished with love. While you and your spouse may have differences to the extent  you cannot stay together, it is normal to still feel fondness for each other and emotions that once brought you together. Allowing each other to move forward, during and after a…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2025/11/3-things-to-consider-when-discussing-divorce-with-your-spouse/"><![CDATA[<span style="font-weight: 400;">Ending a marriage can be heartbreaking. However, a dissolution of marriage can (and should) be accomplished with love. While you and your spouse may have differences to the extent  you cannot stay together, it is normal to still feel fondness for each other and emotions that once brought you together. Allowing each other to move forward, during and after a divorce, with mutual respect is a step toward finding individual happiness.</span>

<span style="font-weight: 400;">When planning to discuss divorce with your partner, consider these three important factors:</span>
<h2><span style="font-weight: 400;">Finding the right timing</span></h2>
<span style="font-weight: 400;">Divorce is a complex and perhaps one of the most stressful events one can go through. Thus, not only does divorce deserve careful and thoughtful consideration so does the approach. Approaching a divorce negatively, brashly, indifferently, disrespectfully or hatefully can result in emotional distress that could ruin any hopes of a post-divorce relationship. </span>

<span style="font-weight: 400;">Instead, find an appropriate time, place and ensure your demeanor and intent is right to discuss a divorce (and the related issues) with your partner. Start the discussion by acknowledging the reality of the situation with compassion. If your spouse is upset, confused and/or surprised, allow them to express their feelings even if you cannot validate them.</span>
<h2><span style="font-weight: 400;">Framing the goal</span></h2>
<span style="font-weight: 400;">When the focus of the divorce process is on agreement and compromise, you can accomplish, overall, a much more efficient, less stressful and less expensive case. It may not be completely a “team effort,” but the procedure does not need to be an all-or-nothing, high-conflict or win-or-lose circumstance. Even if not all issues are resolved amicably, addressing and focusing on agreed-upon terms can truly impact the negotiation (or even litigation) of contested issues.</span>

<span style="font-weight: 400;">Introduce the idea of an amicable divorce, emphasizing that you are both </span><a href="https://www.law.cornell.edu/wex/irreconcilable_differences" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;">ending the marriage due to irreconcilable differences</span></a><span style="font-weight: 400;">. Highlight that pursuing this type of a cooperative divorce offers both parties control over what happens, by agreeing to terms in or out of mediation, as opposed to leaving decisions to judges.</span>
<h2><span style="font-weight: 400;">Maintaining collaboration</span></h2>
<span style="font-weight: 400;">Avoid discussing highly-sensitive and emotionally-charged issues right away. Doing so prevents both of you from feeling overwhelmed, ensuring you can both move forward rationally, not emotionally, dealing with the more challenging decisions at a later, more appropriate time and with the guidance of counsel, therapists or outside, neutral parties otherwise.</span>

<span style="font-weight: 400;">The first talk should be about visualizing the process and agreeing to separate peacefully. This understanding helps retain trust, </span><a href="https://www.scottsmithlegal.com/mediation/divorce-mediation/" data-wpel-link="internal"><span style="font-weight: 400;">reduce costs</span></a><span style="font-weight: 400;"> and promote collaboration in forming a reasonable and fair outcome later. NEVER start the discussion with your children present.</span>
<h2><span style="font-weight: 400;">Navigating the divorce process with help</span></h2>
<span style="font-weight: 400;">Discussing divorce with your spouse can remove feelings of animosity or resentment. While the topic can be difficult, it allows you to face reality and find solutions to move forward.</span>

<span style="font-weight: 400;">After the initial discussion, consider setting a time for negotiating terms regarding child custody, asset division and child support. Experienced divorce counsel will be beneficial by guiding their client through the issues with information and education, outlining terms to address the issues fully and properly and keeping emotions, even with the most difficult of concerns, at bay.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[What factors can influence parenting time schedules?]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2025/10/what-factors-can-influence-parenting-time-schedules/" />
            <id>https://www.scottsmithlegal.com/?p=254743</id>
            <updated>2025-10-13T16:05:26Z</updated>
            <published>2025-10-13T16:05:26Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Parenting time, at its simple core, refers to the schedules for children to spend time between parents. Parenting time includes schedules for school semesters, holidays, special days, such as birthdays, summer, fall and spring breaks. Although parties determine parenting time schedules throughout the year by agreement or litigation, they always have flexibility. Indeed, parents are encouraged to be reasonable in…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2025/10/what-factors-can-influence-parenting-time-schedules/"><![CDATA[<span style="font-weight: 400;">Parenting time, at its simple core, refers to the schedules for children to spend time between parents. Parenting time includes schedules for school semesters, holidays, special days, such as birthdays, summer, fall and spring breaks. Although parties determine parenting time schedules throughout the year by agreement or litigation, they always have flexibility. Indeed, parents are encouraged to be reasonable in modifying the parenting time schedule to meet the needs of the children in the event a situation arises that requires an alteration of the schedule.</span>

<span style="font-weight: 400;">In Indiana, courts focus on the best interests of the child when deciding parenting time arrangements. Understanding the main factors considered can help you know what to expect if parenting time becomes an issue in your divorce or paternity case. Parenting time is often, but incorrectly, referred to as “visitation.” </span>
<h2>The child’s age and needs</h2>
<span style="font-weight: 400;">A child’s age plays a large role in shaping</span><a href="https://www.scottsmithlegal.com/child-custody/" data-wpel-link="internal"> <span style="font-weight: 400;">parenting time</span></a><span style="font-weight: 400;">. Infants and very young children often benefit from shorter, frequent visits with both parents. Older children may handle longer stays and transitions more easily. Courts (and attorneys in negotiations) also consider specific needs and circumstances, such as: school and education schedules, distance between parents’ residences, health conditions, extracurricular activities and other unique circumstances when ordering a schedule.</span>
<h2>Each parent’s availability</h2>
<span style="font-weight: 400;">A parent’s work hours, travel obligations, and daily responsibilities affect how parenting time is determined. Courts want to ensure that the schedule allows meaningful quality time with both parents while still fitting into the child’s routine. If one parent’s schedule limits availability, the other parent may receive more time during the week.</span>
<h2>The child’s relationship with each parent</h2>
<a href="https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-17-4-1.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;">Indiana courts</span></a><span style="font-weight: 400;"> consider the quality of each parent’s bond with the child. Strong, positive relationships often lead to more balanced schedules. If one parent has been the primary caregiver, the court may weigh that role heavily, especially for younger children.</span>
<h2>The ability to cooperate</h2>
<span style="font-weight: 400;">Parenting time works best when parents can communicate and cooperate. Courts review how well each parent supports the child’s relationship with the other parent. A parent who encourages contact and works together in decision-making may receive more flexibility in the schedule.</span>
<h2>Key takeaways for parents</h2>
<span style="font-weight: 400;">Every family’s situation is unique, and so are the schedules that work best for them. While courts set guidelines, the most effective parenting time plans often come from parents who can put aside differences and focus on stability for their child. When both parents commit to consistency and respect for each other’s role, children benefit the most.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Smith Legal LLC</name>
				            </author>
            <title type="html"><![CDATA[Should you keep the investment property in your divorce?]]></title>
            <link rel="alternate" type="text/html" href="https://www.scottsmithlegal.com/blog/2025/09/should-you-keep-the-investment-property-in-your-divorce/" />
            <id>https://www.scottsmithlegal.com/?p=254656</id>
            <updated>2025-09-08T15:10:19Z</updated>
            <published>2025-09-08T15:10:19Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Dividing property during a divorce can be challenging, especially when it involves assets like rental homes, vacation properties, or other real estate investments. Deciding whether to keep an investment property requires looking at both financial and practical considerations. How Indiana divides property in divorce Indiana follows the “one pot” theory, meaning the court considers all property (assets and debts) owned…]]></summary>
			                <content type="html" xml:base="https://www.scottsmithlegal.com/blog/2025/09/should-you-keep-the-investment-property-in-your-divorce/"><![CDATA[<span style="font-weight: 400;">Dividing property during a divorce can be challenging, especially when it involves assets like rental homes, vacation properties, or other real estate investments. Deciding whether to keep an investment property requires looking at both financial and practical considerations.</span>
<h2>How Indiana divides property in divorce</h2>
<span style="font-weight: 400;">Indiana follows the</span><a href="https://www.findlaw.com/state/indiana-law/indiana-marital-property-laws.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer"> <span style="font-weight: 400;">“one pot” theory</span></a><span style="font-weight: 400;">, meaning the court considers all property (assets and debts) owned (or owed) by either spouse—whether acquired before or during the marriage—as part of the marital estate. This includes investment properties. The law presumes an equal division is fair, just and reasonable. However, the divorce Court can adjust the division of marital estate based on the totality of circumstances, including each spouse’s income, contribution to the asset, economic circumstances, conduct during the marriage and much more.</span>
<h2>Evaluating the financial impact of the investment property</h2>
<span style="font-weight: 400;">Before deciding to retain an investment property, it is important to evaluate whether the investment will remain profitable. You need to consider the source of income, mortgage obligations, maintenance and repair costs, taxes, and potential vacancies. A property that appears valuable on paper may create financial strain if expenses outweigh income. Reviewing past income and expense records can help determine if it is a wise long-term asset.</span>
<h2>Considering future market value and liquidity</h2>
<span style="font-weight: 400;">Real estate values can rise or fall depending on the local market. Overall most real estate markets in Central Indiana have enjoyed increased value. If you expect property values in the area to grow, keeping the asset might make sense as part of a long-term investment strategy. However, real estate is not as liquid as cash or stocks, meaning it may be harder to access funds quickly if needed short of a lien or sale.</span>
<h2>Emotional and practical factors</h2>
<span style="font-weight: 400;">Sometimes personal attachment or familiarity with the property can influence the decision whether to retain or sell the property. Also, oftentimes, there is some history with the property, perhaps even generational such as farms and commercial properties. While sentimental value is understandable, it should be weighed against the property’s ability to support your post-divorce financial stability.</span>
<h2>Making the decision with confidence</h2>
<span style="font-weight: 400;">Choosing whether to keep an investment property in a</span><a href="https://www.scottsmithlegal.com/divorce-lawyer-nobelsville-in/" data-wpel-link="internal"> <span style="font-weight: 400;">divorce</span></a><span style="font-weight: 400;"> involves looking at both the legal framework and your long-term financial goals. Understanding how the property fits into your overall financial picture can help you make a well-informed choice.</span>]]></content>
						        </entry>
	</feed>