Vincent M. Campiti, AttorneyVincent M. Campiti, Attorney2026-04-29T20:49:36Zhttps://www.campitilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303744/2024/04/cropped-Vincent-M-Campiti-site-icon-32x32.pngOn Behalf of Vincent M. Campiti, Attorney<![CDATA[How Indiana custody orders address holidays and birthdays]]>https://www.campitilaw.com/?p=463852026-04-29T20:49:36Z2026-04-29T20:49:36ZIndiana embraces an alternating schedule
While parents can theoretically set whatever custody terms they deem appropriate, the basic guidelines for Indiana custody orders often play a major role in how parents split time with their children. For holidays and birthdays, Indiana recommends an alternating schedule.
The children may spend one holiday with one parent and the following holiday with the other. The guidelines recommend that the children spend Mother's Day weekend with their mother and Father's Day weekend with their father.
The guidelines acknowledge that allowing the children to spend holiday weekends with one parent can cause a disruption to the normal parenting schedule. In some cases, one parent may actually have three consecutive weekends with the children due to the holidays. However, there is a presumption that those consecutive weekends balance out when the other parent then has parenting time on a holiday weekend.
The alternating schedule approach to holiday and birthday custody ensures that parents can spend special days with their children each year and that the children can celebrate their birthdays with each of their parents every other year. While parents do have the option of establishing their own schedules, the alternating schedule proposed in Indiana's current custody guidelines is a reasonable approach that works for a significant majority of families where parents share.
Consulting with an attorney about child custody concerns and special arrangements for dividing parents for the time can help parents understand their options. Parents who understand Indiana's suggested approach to shared parenting time can help ensure that special days are a positive experience for their children instead of a source of stress or conflict.]]>On Behalf of Vincent M. Campiti, Attorney<![CDATA[Divorce and retirement planning for your pension and 401(k)]]>https://www.campitilaw.com/?p=463672026-02-03T15:45:08Z2026-02-03T15:45:08ZDivorce can feel overwhelming at any stage of life. When you approach retirement or already rely on it, the stress often increases. Your pension or 401(k) may reflect decades of work, so it often helps to understand how Indiana law generally approaches these accounts and how you might plan for the years ahead.
How do Indiana courts approach retirement assets?
Indiana usually follows a one pot approach to marital property. Under Indiana law, courts view nearly all property owned by either spouse as part of the marital estate, regardless of whose name appears on the account. As a result, retirement savings become part of the overall division discussion.Courts typically begin with a presumption of fairness, then adjust as needed based on the circumstances. In practice, this approach may involve:
Starting with an equal split, since Indiana law often begins with the idea that a 50/50 division represents a fair outcome
Including most assets in the marital estate, which may place accounts opened before the marriage alongside those funded during the marriage
Reviewing personal factors, such as the length of the marriage or each spouse’s financial situation, which could influence the final division
Together, these considerations help shape how retirement assets may be divided.
How does a QDRO fit into the retirement division?
For many workplace retirement plans, a divorce decree alone does not allow funds to be divided. Instead, you often need a separate court order called a Qualified Domestic Relations Order (QDRO). This document directs the plan administrator to pay a portion of the benefits to a former spouse.A QDRO may also help address tax timing concerns. In many cases, it allows the receiving spouse to avoid the ten percent early withdrawal penalty that usually applies before retirement age. Even so, regular income taxes often still apply unless the funds move into another qualified retirement account.It also helps to note that QDROs usually apply to private pensions and 401(k) plans. Government and military retirement benefits often follow different state or federal rules, which can affect how and when payments occur.
Planning for future income after divorce
When divorce happens close to retirement, long term planning often becomes more important. Looking beyond the immediate division may help you understand how current decisions could shape your financial security later.You may consider several practical areas as you plan ahead:
Reviewing monthly cash flow to see how smaller retirement payments could affect your budget
Evaluating health care and insurance needs, especially if you expect to move to an individual plan or face higher medical costs
Coordinating Social Security timing, including possible eligibility for benefits based on a former spouse’s work record
These steps may provide a clearer picture of what retirement could look like after divorce.
Looking ahead with clarity
Divorce may change your retirement plans, but it does not have to eliminate them. Understanding how Indiana generally treats retirement assets and carefully considering future income needs can help you approach the next stage of life with greater clarity. Taking time to explore your options may reduce uncertainty and support more informed financial decisions.]]>On Behalf of Vincent M. Campiti, Attorney<![CDATA[Divorce in Indiana: 3 important things to know about property division]]>https://www.campitilaw.com/?p=463552025-08-08T17:51:57Z2025-08-08T17:51:57Z#1: Equitable distribution
Indiana follows the principle of equitable distribution, which means the court aims for a fair, though not necessarily equal, distribution of property. The court considers various factors to determine what is fair, including:
Contribution to marital property: The court examines each spouse's contribution to acquiring and maintaining marital assets, including non-financial contributions like taking care of the home and child-rearing.
Economic circumstances: The court assesses each spouse's financial situation, including income, earning potential, and future financial needs.
Duration of the marriage: The length of the marriage can impact the division of assets. Shorter marriages might lead to a division based on individual contributions.
Custodial arrangements: If children are involved, the court considers who will have primary custody and how this affects financial needs.
In many states, it is important to distinguish between marital property and separate property. Marital property includes assets and debts attained during the marriage, while separate property generally includes assets owned prior to the marriage or acquired by gift or inheritance during the marriage. This is not the case in Indiana. Indiana law generally does not recognize separate property. All property owned by each spouse becomes marital property unless specifically addressed within a prenuptial agreement.
#3: Valuation and division process
The process involves valuing all marital assets and debts, which can include business interests, real estate, personal property, retirement accounts, and more. Both parties may need to provide documentation and appraisals to establish the value of these assets. The court will then divide the property in a manner it deems equitable, which may involve selling assets or awarding certain items to one spouse while compensating the other with different assets or payments.
Divorce can be a challenging process, both emotionally and financially. In Indiana, it is important to understand how equitable distribution law affects divorce settlements when working through a divorce to mitigate the risk of any surprises after you finalize the divorce.]]>On Behalf of Vincent M. Campiti, Attorney<![CDATA[How to prepare for a divorce consultation]]>https://www.campitilaw.com/?p=463542025-05-13T20:08:24Z2025-05-13T20:08:24ZGather important documents
Before your consultation, collect all relevant documents that will provide a clear picture of your financial and marital situation. This includes tax returns, bank statements, pay stubs, mortgage documents, insurance policies and any prenuptial agreements.
List your possessions and debts
Make a comprehensive list of all assets and liabilities. This should include real estate, vehicles, retirement accounts, credit card debts, loans and any other significant assets or debts. This can help you create a strategy for asset division early in the divorce process.
Know your goals
Think about what you want to achieve from the divorce. Consider what outcomes you hope to achieve, such as:
Maintaining a positive relationship with your ex-spouse, especially if children are involved.
Achieving financial stability post-divorce.
Ensuring a fair division of assets.
Having clear goals will guide the discussion during the consultation.
List any questions you have about divorce
Prepare a list of questions you have for your attorney. This might include inquiries about the divorce process, potential outcomes, their experience with similar cases, and their approach to handling your case.
If you have children, be ready to discuss their needs
If you are a parent, think about how you have divided parenting responsibilities during your marriage and how you would like to handle custody arrangements in the future. Be prepared to discuss this with your attorney and consider what is in the best interest of your children.
You can enter your divorce consultation with confidence
By following these steps, you will be well-prepared for your divorce consultation. This will help your attorney understand your situation better and provide you with the best possible guidance during your divorce.]]>On Behalf of Vincent M. Campiti, Attorney<![CDATA[How the Indiana family courts handle custody disputes]]>https://www.campitilaw.com/?p=463512025-02-19T19:12:48Z2025-02-19T17:27:47ZJudges focus on the children's needs, not the parents' rights
Many people preparing for litigated custody matters worry about their rights as parents. They might do themselves a real disservice by making themselves the focal point in a custody matter instead of keeping the focus on their children.
Judges settling custody disputes have to focus on the best interests of the children. Usually, that means looking carefully at family circumstances. Judges consider the current division of parental responsibilities. They look at the relationships that the children have with each of their parents. They consider the stability of the adults and the preferences of older children.
The goal is ultimately to find a way to divide legal authority and parenting time in a manner that works well for the children. Most of the time, there is an assumption that keeping both parents as involved as possible is best for the children.
However, judges may deviate from that presumption in scenarios involving unusual considerations. If there is a history of neglect or abuse, that can affect the outcome of custody proceedings. Judges also consider personal issues, including substance abuse challenges and anger management concerns, when deciding who has more time with the children and who has authority over their lives.
In rare cases where shared custody might put the children in harm's way, judges may decide to grant one parent sole custody or to limit one parent's time with the children. Any parent trying to make allegations about the conduct or parenting abilities of the other usually needs documentation supporting their claims.
Learning more about the rules that influence custody determinations during litigated family law matters in Indiana may help parents develop a viable strategy. Parents with reasonable expectations and the right support may be able to push for custody arrangements that work well for them and their children.]]>