FAQ'S & RESOURCES

Frequently Asked Questions & Resources

VanStone & Kornblum want to keep you informed throughout your legal situation. This means explaining legal terms so you can make informed decisions.

These are general statements and not intended as legal advice. Each case is different and has its own facts. An attorney can advise you about the circumstances of your particular situation. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship.

What types of cases does VanStone & Kornblum handle?

VanStone & Kornblum handle a wide range of matters including family law, trust and estate planning, guardianship, divorce, collaborative law, legal separation, parent coordination, paternity, and scrivener (where the parties bring the terms of their agreement to the attorney and the attorney completes and submits the documents to the court).

Why consider hiring a family law attorney?

In most matters involving family law, hiring an attorney is strongly recommended. Word of mouth information is not reliable for receiving the correct information, rights, or responsibilities for your particular case—especially when children, custody, debt, and child support payment are involved.

How do I choose the right family attorney?

In evaluating a family law attorney, the most important factors to consider are experience, fee structure, geographical location to you, and if you are comfortable with the attorney. Many family law and divorce attorneys charge on an hourly basis or a flat fee for specific uncomplicated issues.

Do I pay debts, credit card bills, etc. for my spouse?

This depends on the terms of the divorce.

What is divorce?

Divorce is the legal termination of a governmentally-sanctioned marriage. Every divorce is different. How the law applies to your case depends on your personal circumstances. Contact our attorneys to see how the law applies to your divorce.

What is marital property?

Marital property means all property acquired by either spouse. Indiana statutes define marital properties as follows for Property and Division of Property legal definitions:
31-9-2-98 “PROPERTY”
Sec. 98.
a. “Property”, for purposes of the Uniform Premarital Agreement Act under IC 31-11-3, has the meaning set forth in IC 31-11-3-3.
b. “Property”, for purposes of IC 31-15, IC 31-16, and IC 31-17, means all the assets of either party or both parties, including:
1. a present right to withdraw pension or retirement benefits;
2. the right to receive pension or retirement benefits that are not forfeited upon termination of employment or that are vested (as defined in                  Section 411 of the Internal Revenue Code) but that are payable after the dissolution of marriage; and
3. the right to receive disposable retired or retainer pay (as defined in 10 U.S.C. 1408(a)) acquired during the marriage that is or may be payable           after the dissolution of marriage.
31-15-7-4 DIVISION OF PROPERTY
a. In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:
1. owned by either spouse before the marriage;
2. acquired by either spouse in his or her own right:
A. after the marriage; and
B. before final separation of the parties; or
3. acquired by their joint efforts.
b. The court shall divide the property in a just and reasonable manner by:
1. division of the property in kind;
2. setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or      in installments, that is just and proper;
3. ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
4. ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage,          by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.

Can one attorney represent both parties?

The short answer is no. However, one attorney can type up the parties’ agreements and submit those documents to the court. No legal advice is given but only advice as to expressing the parties’ terms in a manner acceptable to the court. These are called scrivener cases. If the parties cease to be in agreement on the terms, each party must hire his/her own counsel.

What is Collaborative Law?

Collaborative law is a family law process helping couples who have decided to end their marriage to negotiate a settlement, working with
their lawyers, without going to court.

What is a Parent Coordinator?

A parent coordinator is a trained professional who helps parents manage ongoing issues in child custody/visitation cases. The parent coordinator uses guidance and parent education with mediation/arbitration to make recommendations for the court and decisions with the parents.

If the Court awards alimony and/or child support, how much do I get?

Indiana courts do not award alimony; however, the parties can make a provision for alimony in an agreement. The court can award maintenance based upon factors such as ability to work, age, health, and education needs. Each case is fact specific.

Child support is based upon the income of both parents. The following link is to the Indiana Supreme Court Child Support Calculator: https://mycourts.in.gov.csc/parents.

How do I tell my child / children that their parents are separating or divorcing?

When you talk with your child/children, keep your explanation brief, using words they will understand, and tailored to each child’s level of development. Give them as much information as they can understand but do not share adult information. Do not talk badly about your spouse – remember that spouse is your child’s parent. Reassure the child that both parents still love them. Let them talk with both parents. Be calm and composed. Let them ask questions but do not involve them in the details or court matters. Watch for emotional reactions because it may take a while before the information sinks in. Do not hesitate to seek professional help for yourself and/or your children. Counselors give the children a neutral third-party with whom they can share concerns. Children and Divorce: Helping kids cope with separation: https://www.helpguide.org/articles/parenting-family/children-and-divorce.htm.

What is child custody?

The court considers many factors when making custody decisions. Check with your attorney for your particular case.

There are two major types of custody: physical and legal. As the name implies, physical custody pertains to where the child is living. One parent may be named as primary physical custodial parent, which means the child lives with that parent more than 50% of the time. Legal custody gives the parents the right to make decisions regarding the child’s welfare, such as schooling, medical treatment, and religious upbringing. It is common for the parents to have joint legal custody and to work together to make these important decisions.

Although a parent may have sole physical custody, the other parent usually has the ability to spend time with the child; however, the time may be supervised. With sole legal custody, the court usually requires the custodial parent to inform the other parent about decisions made regarding the child.

Child custody is when an individual or individuals have the responsibility of caring for a child. Custody is usually given to the child's biological parents, but may be given to another individual, if the parents are unable to care for their child.

What is the difference between sole custody and joint custody?

As the name implies, sole custody (either physical and/or legal) means one parent is responsible for the child(ren). This does not mean the other parent's rights are terminated; however, the rights are limited in some manner. Joint custody (either physical and/or legal) means the parents share responsibilities and rights with regard to the child(ren).
All links listed are to help with acquiring information and additional resources in family law. For any links listed, it is not an endorsement of the site.
All links listed are to help with acquiring information and additional resources in family law. For any links listed, it is not an endorsement of the site.
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