Law Office of Mary Beth MockLaw Office of Mary Beth Mock2026-10-14T13:28:07Zhttps://www.mbmock.com/feed/atom/WordPress/wp-content/uploads/sites/1502690/2022/02/cropped-Mary-site-logo-32x32.pngOn Behalf of Law Office of Mary Beth Mock<![CDATA[After an Indiana divorce, who gets the kids on Halloween?]]>https://www.mbmock.com/?p=469522026-10-14T13:28:07Z2026-10-14T13:28:07ZHalloween is a big deal for a lot of kids – and their parents. Between picking out costumes, carving pumpkins and trick-or-treating, Halloween has the potential for serious parent-child bonding time.
However, Halloween can also create a lot of conflicts between divorced parents. Both parents may want to be part of the fun and build memories with the kids, especially when those kids are young. So, who gets the kids on Halloween? Indiana’s Parenting Time Guidelines specifically address this very issue.
It’s an officially designated holiday
Parenting time on official holidays such as Halloween generally rotates between parents each year. In even-numbered years, the custodial parent usually has the children on Halloween, while the noncustodial parent has them in odd-numbered years. The rules specifically give the designated parent the children from 6-9 p.m. on Halloween or whenever the official trick-or-treat hours may be in their local community.The holiday parenting schedule also takes precedence over the regular parenting schedule. That means a parent may have the children on Halloween even when the holiday falls during the other parent's usual parenting time.
Parents can make other arrangements
The guidelines are there to prevent common disputes, but parents who are willing to work together can tailor an arrangement to their particular wants and needs. For example, co-parents might agree to:
Have both parents walk around with the kids during trick-or-treating so neither misses out.
Have the designated parent take the kids trick-or-treating in the other parent’s neighborhood while the other parent passes out candy so that both can be involved in the festivities.
Let each parent take the kids trick-or-treating in their own neighborhoods if the designated times are different.
However, parents should remember that their existing court orders control. Informal changes should be mutually agreed upon, preferably in writing. Any permanent changes to a court-ordered schedule may require court approval.Ultimately, all holidays should be about making memories and quality family time. If parental disagreements keep erupting or one parent violates the other’s parenting time rights, it may be time to seek legal guidance.
]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What are a child’s best interests?]]>https://www.mbmock.com/?p=469492026-09-29T04:58:50Z2026-09-29T04:58:50ZA child custody arrangement determines each parent’s legal right to be involved in their child’s life, including making decisions for their child and where their child lives. A judge can only approve a custody arrangement if they believe it serves the child’s best interests.
A child’s best interests include factors that protect a child’s well-being, physical and emotional health and safety. A judge may consider many factors before approving a custody arrangement. Here is what you should know:
Factors a judge may consider when deciding custody
Judges consider a child’s best interests during custody cases because one parent may be unfit to care for their child. Many factors can impact a child custody arrangement, including the following:
Do both parents work? How does that affect their ability to parent?
Can each parent afford their child’s basic needs?
Where does each parent live? Is it safe for the child?
Does either parent move frequently? Are their lives unstable?
Does either parent suffer from physical or mental disabilities that affect their ability to care for their child appropriately?
What familial and social support does each parent have? What help might they have with the child?
Does the child have additional health needs? Which parent is the primary caretaker?
What is the relationship of each parent and their child? Does the child have any preference (if they are old enough to offer a clear reason)?
What is the relationship of the child and their extended family? How will potential custody arrangements affect those relationships?
Does a parent have any criminal convictions? Are any of them for domestic violence or similar crimes?
Does a parent have a substance abuse issue? What effect has that had on their parenting or safety?
Does a parent have a history of neglecting or abusing their child?
Professional legal guidance can help parents during a child custody case. Ideally, parents will work together on terms that both parents feel benefit their child – but that may not happen. When it doesn’t, it is important to get seasoned, objective assistance in court.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[Updating your prenup: When does a postnup make sense?]]>https://www.mbmock.com/?p=469462026-09-19T01:43:32Z2026-09-19T01:43:32ZIf you and your spouse put a prenuptial agreement in place before you got married, you took an important step that too many people still don’t. If you’ve been married for a number of years or maybe even decades, you may not have given that prenup any thought in some time. You may even believe that it “expired.”
Unless you included a sunset provision specifying that it would no longer be valid after a specified number of years or other milestone, however, that prenup could be deemed valid should you divorce and one or both of you want to use it.
What kind of circumstances warrant a postnup?
Likely, however, some things have changed since you put your prenup in place.
Maybe you or your spouse is earning considerably more than the other.
Perhaps one of you has chosen to leave the full-time workforce to raise your children or be a caregiver to another family member.
One or both of you may have started a business or created valuable intellectual property (IP).
One or both of you may have received a large inheritance that you want to protect.
On the negative side, maybe one of you has accumulated considerable debt or made some bad investments. Maybe one of you has developed a chronic illness that has made it difficult to work and therefore to support yourself if the marriage ended.You can’t technically modify your prenup once you’re married. However, you can create a postnuptial agreement, which essentially does just that. Even if you foresee your marriage continuing, it’s always wise to have an agreement in place that reflects your financial circumstances and protects your interests in the event of a divorce.
What a postnup can and can’t do
A postnup can address the same matters as a prenup – largely property division and spousal support. However, it is not meant to address child custody or support. Those matters are meant to be determined by a judge if parents divorce based on a child’s best interests.Even if you remain together “til death do you part,” a well-crafted postnup can still help you and your spouse develop a clear understanding of what assets belong to each of you individually and which you fully share. It can also help a lesser- or non-earning spouse feel more valued for their contributions to the family. As with a prenup, you and your spouse should have your own legal representative when putting a postnup in place. This helps ensure that the agreement is legally valid and protects both of you.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[Will you lose all of your assets in a divorce?]]>https://www.mbmock.com/?p=469452026-09-05T03:17:33Z2026-09-05T03:17:33ZOne of the biggest fears people have is that they will lose the house, car and other valuable assets if they file for a divorce. However, asset division is a complicated matter that typically does not cause people to lose everything they own.
If you are filing for divorce, it can help to understand property division laws in Indiana. Here is what you should know:
What is considered marital property?
In many states, assets are categorized into marital and separate property when couples divorce. However, Indiana has a “marital pot” or “one-pot” theory. This means that assets and debts that were acquired before and after marriage are categorized as marital property. However, couples may have a prenuptial or postnuptial agreement. These agreements can allow couples to keep certain assets if they get divorced. Knowing what assets are part of the marital estate can be essential during the asset division process.
How are marital assets divided in Indiana?
Indiana is an equitable property division state. Equitable division means that marital assets are divided based on what is fair and equitable to both spouses. However, some judges may start with a 50/50 distribution model. This model may be changed based on certain factors, such as the following:
Each spouse’s contribution to the marriage
Tax considerations
Income and earning capacity of each spouse
Length of the marriage
Age of each spouse
Gift and inheritance
Wasted marital funds
These factors can greatly impact the division of marital assets. Professional legal guidance can help people negotiate asset division during a divorce. ]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What should you consider when creating a child custody schedule?]]>https://www.mbmock.com/?p=469432026-08-18T19:45:02Z2026-08-18T19:45:02ZThe custody schedule co-parents choose plays an integral part in the success of their co-parenting. This is because it directly determines the child’s stability and overall well-being. Additionally, it can increase or reduce the chances of parental conflict.
Therefore, it’s essential to choose a suitable custody schedule. Here are three factors to consider:
Child-focused factors
A custody schedule should prioritize a child’s best interests. Thus, it needs to meet their unique needs, including:
Age – Infants and toddlers need frequent contact with both parents, whereas teenagers need a schedule that respects their independence, extracurricular activities and social lives.
Temperament – Regardless of age, how is your child’s adaptability to change? If they always struggle to adjust to changes, choose a schedule with fewer transitions.
Daily schedule – Does your child go to school or daycare? Pick a schedule that doesn’t significantly interrupt their routine.
Special needs – A child with special needs requires a schedule that ensures they receive the care they need without difficulties.
Taking these child-related factors into account allows you to protect your child’s well-being.
Parent-focused factors
While a custody schedule should primarily focus on the child’s best interests, it may not work realistically without considering parent-focused factors. Elements like work hours and availability dictate how a schedule can be executed. It’s vital to align parenting time with work shifts or travel. It’s also important to consider if parents have other dependents.
Travel time
The distance between the parents’ homes and between the homes and other crucial places, such as school and daycare, determines how practical a schedule can be. Not considering distance may result in a child spending hours on the road every week.These three factors are critical when creating a custody schedule. Obtain more information about other aspects that can help you successfully raise your child in two homes. ]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[My ex and I do not get along. How can we successfully navigate our divorce?]]>https://www.mbmock.com/?p=469422026-08-06T00:08:47Z2026-08-06T00:08:47ZStart by focusing on the pressing issues
Strong emotions can make every disagreement feel equally important. Before discussing the details of your divorce, identify the issues that feel paralyzing. These may include:
Parenting time and decision-making responsibilities
Child support or spousal support
Division of marital property and debts
Living arrangements during the divorce
Future financial planning
When discussions stay centered on specific topics instead of past disagreements, it becomes easier to make steady progress. Even if you cannot resolve every issue immediately, settling one matter at a time helps build momentum.
Try professional guidance
Some disagreements are just hard to deal with without third-party support. Financial professionals, therapists, parenting coordinators and legal practitioners each serve different roles during a divorce. Working with the right professional at the right time can help keep the process moving while protecting your interests.
Legal guidance is especially valuable when disputes involve significant assets, business ownership, child custody concerns or questions about state divorce laws.
Focus on building the next chapter
Divorce may be the end of one chapter, but it also creates an opportunity to establish a stable future. Decisions made during the process can influence your finances, your family relationships and your peace of mind for years to come.
If you and your former spouse struggle to agree, seeking legal support can help you work toward a resolution that supports your long-term goals.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What is legal and physical child custody?]]>https://www.mbmock.com/?p=469412026-07-22T00:07:01Z2026-07-22T00:07:01Zlegal and physical child custody.
Joint and sole legal custody
A parent with legal custody can decide what is best for their child. If you have legal custody, for example, you could decide on whether your child goes to private, public or online school. You could also decide on whether your child undergoes a medical procedure or which doctor they should see regularly.
Parents who share custody of their child often have joint legal custody. Joint legal custody means that parents can make joint decisions for their child. Both parents may, for instance, decide that their child should go to private school.
Sole legal custody means that only one parent makes decisions for their child. The other parent does not have legally-enforceable decision-making rights when it comes to their child’s core concerns.
Joint and sole physical custody
Where a child lives is determined by physical custody rights. If you have physical custody, your child lives with you. You are also expected to care for your child’s daily needs, including food, clothing and shelter. You may also be responsible for taking your child to school or appointments.
If parents have joint physical custody, then their child lives with both of them. Typically, this means that parents have a custody schedule. A custody schedule determines what days their child lives with them. Parents often rotate custody every few days or weeks.
If a parent has sole physical custody, then they are entirely responsible for their child’s daily care. The other parent may not have any physical custody rights or they may have rights to visitation days only.
What works best for one family does not necessarily work best for others. You can learn more when you reach out for professional legal guidance.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[Tips on locating hidden crypto assets during divorce]]>https://www.mbmock.com/?p=469402026-07-17T12:21:22Z2026-07-17T12:21:22ZDividing property during a divorce can become much more complicated when cryptocurrency is involved. Because digital assets can be transferred quickly and stored outside traditional financial institutions, they are sometimes overlooked or intentionally left out of financial disclosures.
If you are concerned about hidden crypto assets, it is important not to make assumptions without evidence. Instead, focus on gathering financial records and identifying signs that may justify a closer review. This approach can be especially important during Indiana property division proceedings.
Review existing financial records carefully
The first place to look is often the paperwork you already have. Bank statements, credit card records, and tax returns may reveal transfers to cryptocurrency exchanges or digital payment platforms that support crypto purchases. Comparing these records with financial disclosures can help identify missing accounts or transactions that deserve further attention.
Look for gaps in financial disclosures
A spouse who previously discussed cryptocurrency investments but no longer reports owning digital assets may raise legitimate questions. Missing information does not automatically mean assets have been hidden, but unexplained inconsistencies may justify additional investigation. Carefully reviewing account histories over several years may reveal patterns that are not obvious at first glance.
Pay attention to physical clues
Although cryptocurrency exists digitally, access often depends on physical items. Hardware wallets, written recovery phrases, secure storage devices, or unusual lists of words stored in safes or filing cabinets may indicate the existence of digital assets.These items should never be accessed without proper authority, but recognizing their potential importance can help preserve valuable evidence during a divorce.
Consider whether professional tracing is necessary
Not every case requires an extensive forensic investigation. If records clearly identify activity on well-known cryptocurrency exchanges, existing financial documents may provide much of the information needed to determine whether additional assets exist.However, when transactions disappear after leaving traditional accounts or significant funds cannot be explained, specialized financial experts may be able to trace digital transactions and identify hidden crypto assets that were not disclosed.Cryptocurrency does not make marital property impossible to locate, but it often requires careful analysis and patience. If you believe digital assets may affect your Indiana family law case, seek legal guidance to understand your rights and determine whether additional financial investigation is appropriate.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What could invalidate a prenuptial agreement?]]>https://www.mbmock.com/?p=469392026-06-29T13:48:07Z2026-06-29T13:48:07ZPrenuptial agreements are often binding as long as both parties signed the agreement prior to getting married. But that does not mean that they always stand up in court. There are some issues that could invalidate the agreement.
Whether you are drafting a prenup or going through a divorce, it is very important to know if it is valid or not. To that end, let’s look at a few things that could invalidate it.
No time for consideration
In some cases, a person will claim they were not given a proper amount of time to really consider the document before signing. If someone comes to their spouse the evening before their wedding and demands they sign a prenup, for example, they have not been given time to actually think about the document they are signing.
They were coerced or manipulated
Next, it is always important that all parties sign a prenup of their own free will. If someone was manipulated or tricked into signing it, or if they were under the influence, it is likely not going to stand. If they were coerced or pressured to sign it, perhaps by being put under duress, that can also invalidate it.
There are illegal provisions
Finally, a prenup cannot contain provisions that are expressly prohibited by law. If it does, it can call the entire document into question. One example could be if the prenup waives someone's child custody rights. Prenups can address financial issues, but not child custody rights.Although prenuptial agreements can be very useful, it is also important that they are drafted and signed correctly. Be sure you know exactly what legal rights you have when going through this process.
]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[Navigating a name change post-divorce in Indiana]]>https://www.mbmock.com/?p=469352026-06-12T20:20:04Z2026-06-12T20:20:04ZFor many people, a name change is one of the final steps in moving forward after a divorce. Some individuals choose to keep their married name for personal, professional or family reasons, while others wish to return to a former name as part of a fresh start.
In Indiana, many divorcing spouses request a name change as part of their divorce proceedings. When addressed as part of a divorce decree, the process is often more straightforward than pursuing a separate legal name change after the divorce has been finalized. The court's order can serve as the legal authority needed to update identification and official records.
Once a name change has been formalized
Once a divorce is complete and a name change has been approved, there are several practical steps to take. One of the first priorities is updating records with the Social Security Administration. Because many other agencies and institutions verify information through Social Security records, completing this step early can help prevent complications later.After updating Social Security records, individuals typically need to revise their driver's license or state identification card. Financial accounts should also be reviewed. Banks, credit card companies, mortgage lenders and investment institutions may require copies of the divorce decree or other supporting documentation before making changes.Payroll information, retirement accounts, health insurance benefits and tax documents should also be updated to reflect a correct legal name. Failing to update these records can sometimes create administrative issues down the road.Parents should also consider how a name change may affect documents involving children. In most cases, changing a parent's name does not alter parental rights or responsibilities. However, it may be helpful to update school records, emergency contact information and other family-related documents to avoid confusion.Whether the decision is emotional, practical or both, choosing whether to change a name after divorce is highly personal. An experienced Indiana family legal team can help explain available options, ensure the proper court orders are obtained and guide individuals through the legal steps necessary to complete this transition successfully.]]>