Monday, April 21, 2008

Tips for a Better Divorce

Divorce and Family Law in Tarrant County, Texas has a very good post in Tips to Help You Get a *Fair* Divorce. I want to make one comment and add a tip of my own. The comment is on the following:

"Remember that most states determine the value of the marital assets (including retirement accounts) based on the date the case is filed with the Court."
Indiana differs a bit here. Generally speaking, Indiana courts use the date of separation (which is not the same thing as legal separation) but can use the date of filing. Date of separation means when one spouse left the home or when they decided it was time for a divorce.

I noticed that no one mentioned choosing the court. Outside of Marion County, Indiana does not have blind filing which means the Petitioner gets to choose the court that will hear the divorce case. This can be of great importance - some courts have less crowded calendars, some judges have eccentricities to avoid or cling to, and so on. Of course, some counties have only one court with family jurisdiction and this tip is of no use.

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