Crossroads Family Legal Crossroads Family Legal 2026-05-08T09:47:14Z https://www.myindylawyer.com/feed/atom/ WordPress /wp-content/uploads/sites/1503448/2026/02/cropped-New-fav-icon-32x32.png On Behalf of Crossroads Family Legal <![CDATA[What happens at divorce mediation?]]> https://www.myindylawyer.com/?p=46677 2025-02-27T22:12:53Z 2025-02-27T22:11:18Z The mediation process Mediation works by enlisting a neutral mediator who facilitates communication between parties. The mediator's job is to promote compromise and understanding to reach a fair settlement.

Finding a mediator

Mediation begins with choosing a mediator. You can find one through court-annexed programs or private services. Once selected, the mediator will meet with both parties, often starting with a general session where everyone gathers in the same room.

Preparing for mediation

Before the first meeting, spouses must gather important documents like bank statements and tax returns. This information helps make fair decisions about money and property.

The first meeting

Here, the mediator will explain the mediation rules, focusing on confidentiality and the importance of open communication. The spouses present their concerns and goals, which helps set the discussion agenda.

Working through issues

If emotions run high or tensions flare, the mediator might separate the couple into private meetings, known as caucuses. In these private sessions, the mediator speaks confidentially with each party to better understand their positions and convey offers between the parties. Throughout the mediation process, the mediator encourages compromise and helps clarify misunderstandings. They guide both parties towards a mutually acceptable agreement. However, reaching an agreement is not guaranteed.

Reaching an agreement

The mediator will draft a settlement agreement if the spouses can agree on the terms. This document outlines all agreed-upon terms and, once signed, can be filed with the court to finalize the divorce.

The role of legal advice

While mediation is a collaborative process, seeking legal advice can be wise. A family law attorney can provide valuable insights into your rights and responsibilities, ensuring that your agreement is fair and comprehensive. They can also advise you on what to expect if mediation doesn't result in a settlement and you need to consider litigation. Divorce mediation puts you in the driver's seat, allowing you and your spouse to decide the terms of your separation in a supportive environment. By avoiding the courtroom, you can minimize conflict and cost. However, it is essential to understand your legal standing and options, which is why consulting with a lawyer can be beneficial.]]> On Behalf of Crossroads Family Legal <![CDATA[Co-parenting a child with an eating disorder]]> https://www.myindylawyer.com/?p=46670 2025-01-06T00:35:47Z 2025-01-06T00:35:47Z Despite the increased awareness of the importance of body positivity in the media and real life, the number of children and teens, regardless of gender, with eating disorders continues to rise. If their parents are recently separated or divorced, that can only worsen their issues around food. If you’re co-parenting a child with an eating disorder, it’s crucial to be able to work with your ex to help maintain shared expectations in both homes. This can be especially challenging if your co-parent doesn’t share your views around how it should be treated or even that they have an eating disorder.  It’s crucial for your child’s health and well-being that you and your co-parent are on the same page as much as possible if you’re sharing custody. It can help to meet together with your child’s doctor and/or therapist so that your spouse better understands the nature of the disorder and how best to help your child. 

Addressing it in your parenting plan

It’s wise to then include some provisions in your parenting plan related to your child’s eating disorder. Those treating your child may recommend things like the following:
  • Don’t talk to your child about their weight (or anyone else’s). Focus on encouraging healthy eating habits.
  • Don’t discuss dieting or calories.
  • Don’t use scales or fitness trackers. These can create even more pressure for a child.
  • Make sure your home and refrigerator are stocked with the foods your child should be eating and not with anything they need to avoid.
  • Model the eating habits your child needs to work on. 
You may already be doing some or all of these things. However, if your co-parent refuses to follow the plan you’ve agreed on with medical and mental health professionals, it may be necessary to seek a different custody arrangement where you have primary or even sole custody of your child. If you believe that’s the only way to protect your child’s health, you’ll need to make that case to a judge.  Each situation is highly unique. It always helps to have sound legal guidance to rely on when you have questions or concerns.

]]> On Behalf of Crossroads Family Legal <![CDATA[3 important benefits couples secure by mediating divorces]]> https://www.myindylawyer.com/?p=46665 2024-12-05T21:58:52Z 2024-12-05T21:58:52Z 1. Enhanced privacy Spouses usually have to disclose financial details to the courts and to one another. Some of that information can even become public record. Couples sometimes also need to discuss various types of marital misconduct, ranging from abuse and infidelity to wasteful spending. Addressing those concerns in mediation can protect couples by ensuring confidentiality while still allowing them to discuss matters that could have a major impact on the outcome of their divorce proceedings.

2. Reduced conflict

In a litigated divorce scenario, the level of conflict tends to slowly increase as the spouses prepare for divorce. They employ an adversarial approach to the process that involves them viewing each other as enemies. That mentality can lead to more conflicts during the divorce and difficulty relating to one another afterward. Couples who have to work cooperatively in mediation may maintain a healthier attitude toward one another. They may even be able to improve their dynamic by communicating effectively in mediation agreements.

3. Better control over the outcome

During divorce litigation, a judge applies state law to family circumstances. They review the information the spouses provide about family circumstances and finances. They then decide how to divide property and parental rights. If mediation is successful, couples can enter into a binding agreement that includes the exact terms they set. They have total control over the outcome of the terms and can focus on achieving the terms that matter the most to them. Seeking legal guidance can help those hoping to limit conflict in an upcoming divorce when reviewing their circumstances and determining if mediation is a viable option given their situation. Learning more about alternative approaches to divorce, including divorce mediation, can be helpful for those who believe that their marriage is on the cusp of dissolution.]]> On Behalf of Crossroads Family Legal <![CDATA[3 reasons modifying a custody order can be a smart step]]> https://www.myindylawyer.com/?p=46664 2024-11-05T13:37:48Z 2024-11-05T13:37:48Z modify a custody order. The following are some of the potentially benefits of updating a family’s division of parental rights and responsibilities.

Less need for on-demand compromise

One of the main benefits of an established custody order is that it limits the communication between the parents. They know when custody exchanges should occur and don't have to constantly discuss when one parent gets to spend time with the children. If a custody arrangement does not work well with the family's schedule, then the parents may end up regularly discussing the need to change exchange times or set up makeup parenting time. Modifying the custody order to reflect the current schedule for the family can diminish the need for those conversations and therefore the likelihood of conflict.

Predictability for the children

Children of all ages generally need structure to perform to the best of their abilities. When parents have to keep adjusting a custody order, the children may struggle with the unpredictability that follows. Having their weekends with one parent regularly interrupted or delayed can lead to frustrations for the children. They can also develop a sense of rejection if one parent regularly cancels their time with the children. Ensuring that the custody order makes parenting time predictable for the children can help them adjust to the new circumstances.

Allowing parents to secure childcare

Obtaining childcare services at the last minute when a co-parent cancels their time can be stressful and unnecessarily expensive. Parents may not be able to use their first choice for childcare services when making last-minute arrangements. An accurate custody order allows both parents to make arrangements for when they need family members or professionals to watch the children. Parents can control costs and limit the stress involved in last-minute arrangements by committing to a specific parenting schedule. It is also worth noting that in some cases, adjusting a custody order to reflect a family’s actual division of parenting time can lead to a more reasonable arrangement for financial support as well. In some cases, parents may be able to cooperate with each other to modify an existing custody order. Other times, modifications involve litigation and family court. Understanding the potential benefits of updating a custody order can help parents find the motivation to broach the topic with a co-parent, when necessary.]]> On Behalf of Crossroads Family Legal <![CDATA[Key concerns when drafting a prenuptial agreement]]> https://www.myindylawyer.com/?p=46663 2024-09-28T00:02:30Z 2024-09-28T00:02:30Z a prenuptial agreement may not seem romantic, it is a practical step for protecting both parties and helping to ensure that future disputes can be settled amicably. Prenups can prevent lengthy legal battles and offer clarity about each partner’s financial expectations and responsibilities when they are drafted in thoughtful ways.

Asset and debt division

Many couples come into marriages with their own property, savings or investments, and a prenup can outline how these assets will be managed if the marriage ends. This is especially beneficial if one or both spouses have significant pre-marital assets or expect to receive significant inheritance or gifts during the marriage. A prenup can also protect each party from assuming the other’s debts, such as:
  • Student loans
  • Credit card balances
  • Business liabilities
Without a clear agreement, debts incurred by one spouse during the marriage may become the shared responsibility of both parties in the event of divorce. Therefore, specifying how assets and debts are divided can save considerable stress and help ensure a fair financial resolution.

Spousal support (alimony)

Alimony is the financial assistance one spouse may be required to pay out to the other following a divorce, typically to sustain the lifestyle they had gotten used to during the marriage. Depending on the couple’s agreement, the prenup can either set specific terms for spousal support or waive it entirely. If one spouse sacrifices their career to raise children or support the other’s professional pursuits, they may be entitled to alimony, and a prenup should reflect these considerations. Couples can use a prenuptial agreement to predetermine various elements of alimony, such as:
  • The amount that should be paid out
  • The duration of spousal support
  • The conditions under which spousal support is granted
By discussing this upfront, couples can avoid contentious debates later, especially in situations where one spouse may feel financially vulnerable after a separation. While discussing the terms of a prenup can be uncomfortable, it is a prudent step toward helping to ensure that both partners’ financial futures are safeguarded. Couples who are struggling to set the terms of their prenuptial agreements might want to seek knowledgeable legal support to help ensure that this document is practical and enforceable.]]> On Behalf of Crossroads Family Legal <![CDATA[Can co-parents formalize any arrangements in a parenting plan?]]> https://www.myindylawyer.com/?p=46662 2024-09-03T13:22:27Z 2024-09-03T13:22:27Z Co-parenting can be a complicated arrangement. As such, having a clear, well-structured parenting plan is wise. When a parenting plan is drafted in ways that are thoughtful, focused and forward-looking, they can help to ensure that both parents and children can navigate their post-separation landscape far more successfully than they otherwise might.  In Indiana, co-parents have the flexibility to formalize a wide range of arrangements within a parenting plan, provided these arrangements align with the best interests of their child. What exactly can be included in a parenting plan, and how can it benefit both parents and children? While there is no “one-size-fits-all” answer to these questions, the following can serve as an informed starting point for you and your child’s other parent, if you’re going your separate ways. 

Custody and parenting time arrangements

One of the most consequential inclusions in a parenting plan is a family’s custody arrangement. Co-parents can agree on joint legal custody, where both parents share decision-making responsibilities, or one parent may have sole legal custody. A parenting plan should also specify a family’s physical custody arrangement, whether it's joint or sole, and outline a parenting time schedule so that expectations are clear and everyone can plan accordingly. 

Financial responsibilities

While child support is generally determined by Indiana's child support guidelines, co-parents can address additional financial arrangements in their parenting plan. For example, they may detail agreements on how to handle additional expenses not covered by standard child support, such as extracurricular activities, medical costs or education expenses. Co-parents can also agree on how to share the costs of significant purchases, like a car for a teenager or college tuition. Clearly outlining these financial responsibilities can help prevent future disputes and better ensure that both parents contribute fairly to their child's upbringing.

Special considerations and contingencies

Every family is unique. Thankfully, parenting plans can be structured to address specific needs or concerns. For example, parents of a child with special needs might include arrangements for therapy sessions, medical appointments or special education services. A plan can also include contingencies for changes in circumstances, such as a parent relocating, losing a job or experiencing a health crisis.  By addressing any number of concerns proactively, co-parents can avoid misunderstandings and better ensure that their parenting plan remains effective over time.]]> On Behalf of Crossroads Family Legal <![CDATA[What does “virtual visitation” mean?]]> https://www.myindylawyer.com/?p=46659 2024-08-05T16:28:26Z 2024-08-05T16:28:26Z Virtual visitation empowers parents to facilitate meaningful connections with their children via technology. This form of parenting time utilizes video calls, instant messaging and other digital communication resources to facilitate interaction between parents and their children.  Virtual visitation, also known as electronic visitation or e-visitation, involves scheduled video calls, chats and other online interactions. These virtual sessions can take place via platforms like Skype, Zoom, FaceTime, storytime apps, etc. It allows parents to participate in their child's daily life when they are separated by distance. 

Why is virtual visitation an important opportunity?

Virtual visitation can help to facilitate the bond between a parent and their child across the miles. Regular communication through video calls or chats allows parents to remain truly active in their child’s daily life, even if they live far away or otherwise have limited physical parenting time opportunities due to the ins and outs of their child’s custody arrangements. One of the significant advantages of virtual visitation is its flexibility. Parents can schedule virtual visits around their work schedules, travel commitments or other obligations. This convenience helps to ensure that parents and children can interact more frequently than they would otherwise. Similarly, as children grow – and their schedules become more chaotic – virtual visitation can help to strengthen connections where time, distance, academic pressures and social commitments might otherwise undermine parent-child bonds. 

Crafting a plan

Courts increasingly recognize the value of virtual visitation and may include virtual visitation terms as a part of custody arrangements, even if a child’s other parent resists this idea. With that said, whether virtual visitation terms are mutually agreed upon by a child’s parents, or they’re crafted and ordered by a court, it’s important to draft enforceable expectations. That way, everyone is clear about their related rights and obligations.  When crafting a virtual visitation plan, parents should take into account their child’s age, unique temperament, schedule, etc. They should also make sure that expectations are workable for both parents and their families. Otherwise, this arrangement could prove to be a source of conflict waiting to erupt. Those who have questions about how best to approach this task can seek personalized legal guidance at any time. ]]> On Behalf of Crossroads Family Legal <![CDATA[What should you consider during property division?]]> https://www.myindylawyer.com/?p=46657 2024-07-05T21:35:48Z 2024-07-05T21:35:48Z Consider the cost of keeping assets Nearly every asset you need to divide with have some costs associated with it. The marital home may have a mortgage, insurance, maintenance, upkeep, repairs and property taxes. Vehicles may have some of those same expenses. Looking at what it will cost for you to keep certain assets may help you decide if those assets will be of value to you or if they’re going to be a burden.

Account for the debts that are divided

Property division doesn’t involve only splitting assets. Marital debts also have to be divided. This can be challenging because of the risks that come with this process. Property division is a civil matter that’s between you and your ex. Since creditors aren’t part of that process, they don’t have to abide by the terms of the divorce and can continue to hold both parties accountable for debts until they’re paid or transferred to an individual account. This means your ex can ruin your credit if they don’t pay debts they’re ordered to pay if your name remains on the accounts in question. You may opt to sell assets to pay off debts to minimize that risk. Ultimately, you have to try to protect yourself during the property division process. Taking the time ahead of mediation to set a budget may clue you into what assets you can afford to keep and what you should bypass. Because this can be a highly emotional process, it may behoove you to work with a legal representative who can assist you in making decisions that favor your long-term interests.]]> On Behalf of Crossroads Family Legal <![CDATA[Avoid making these prenuptial agreement mistakes]]> https://www.myindylawyer.com/?p=46656 2024-06-03T14:22:40Z 2024-06-03T14:22:40Z prenuptial agreement must be based on facts and complete honesty. This means that both parties must provide an accurate account of their financial situation. If you’re considering a prenup, there are a few errors you should ensure that you don’t make.

Mistake 1: Avoiding a prenup

One of the most important mistakes to avoid is simply failing to set up a prenuptial agreement. Some people think that this type of agreement means they think the marriage will end. That’s not the case. A prenuptial agreement is actually a way that both parties can have financial stability and ensure they’re both on the same page about finances when they get married.

Mistake 2: Presenting it too late

Both parties must be able to review the prenuptial agreement’s terms. Each person should have their own attorney to ensure their own interests are being represented properly. Because of the need to review the agreement and have it reviewed by their representative, the agreement can’t be presented at the last minute. Instead, it should be handled well in advance of the wedding.

Mistake 3: Including forbidden terms

There are some very specific points that you can’t include in a prenuptial agreement. This includes things that would encourage a divorce, as well as certain points related to children. You can’t put in anything about child custody or child support terms because those must be set based on what’s best for the children at the time the decision is made. Having a legal representative to assist you as you either create or review a prenuptial agreement is important. An agreement must be fair to both parties and include only terms that are legally valid. Any issues with the prenuptial agreement may render it unenforceable if it ever needs to be used.]]> On Behalf of Crossroads Family Legal <![CDATA[How divorcing couples can address debt during property division]]> https://www.myindylawyer.com/?p=46655 2024-04-29T16:00:20Z 2024-04-29T16:00:20Z Validating marital debts and identifying separate debts One of the first steps toward a fair property division outcome is the careful analysis of personal resources and financial obligations. Some assets and debts are marital property. People acquired them during the marriage, and they must therefore divide them during the divorce. Other resources or financial obligations could be separate property. Assets owned and debts owned before marriage are often the separate property of one spouse. Additionally, debts accrued without a spouse's awareness during marriage or as part of an extramarital affair might be the separate obligation of one spouse and not part of the marital estate. Determining which debts are subject to division is a key step in any divorce.

Paying off or dividing the debt

Spouses frequently take out lines of credit together. They generally need to close and pay off those accounts when they divorce. In some cases, each spouse might commit to paying a certain portion of the debt. Other times, each spouse might take personal responsibility for certain accounts. It is also common for people to use marital resources, including home equity, as a way of paying off debts so that they don't start off their new lives with a massive financial burden. If spouses can't reach an agreement with one another about the best way to handle their debts in an Indiana divorce, then they need to wait for a judge to rule on the matter. Judges can include marital debts in property division orders and may use them to balance out uneven asset distribution terms. Marital debts can be a major source of stress during an Indiana divorce, as the failure of either spouse to fulfill their obligations after the divorce could lead to financial setbacks for the other spouse regardless of the property division order. Proposing realistic solutions can help more rapidly resolve property division matters in an upcoming divorce.]]>