Law Office of Mary Beth Mock Law Office of Mary Beth Mock 2026-07-17T12:21:22Z https://www.mbmock.com/feed/atom/ WordPress /wp-content/uploads/sites/1502690/2022/02/cropped-Mary-site-logo-32x32.png On Behalf of Law Office of Mary Beth Mock <![CDATA[Tips on locating hidden crypto assets during divorce]]> https://www.mbmock.com/?p=46940 2026-07-17T12:21:22Z 2026-07-17T12:21:22Z Dividing 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=46939 2026-06-29T13:48:07Z 2026-06-29T13:48:07Z Prenuptial 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=46935 2026-06-12T20:20:04Z 2026-06-12T20:20:04Z For 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.]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[How parents can keep custody exchanges calm]]> https://www.mbmock.com/?p=46934 2026-06-04T18:57:08Z 2026-06-04T18:57:08Z Focus on predictability Parents should have a clear plan for exchange day. This includes knowing all the logistical aspects of the day. It’s also beneficial if both parents know what the child should bring with them and any special instructions they have.

Show up on time

Children who know their parents will be on time will likely feel less stressed. This also helps to keep the rest of the day on track, which is particularly important for younger children. If either parent will be late, they should communicate with the other parent as soon as they know there will be an issue.

Leave discussions for another time

Nothing contentious should be discussed during a child custody exchange. Instead, parents should keep the focus on getting the child and their belongings from one parent to the other. Any issues that need to be discussed can be covered later when the children aren’t around. A parenting plan is the cornerstone of the parenting relationship, so it should include the terms that both parents need to know when it comes to exchanges. The plan should be based on what the children need, for obvious reasons.]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[Could your health affect your custody rights?]]> https://www.mbmock.com/?p=46932 2026-05-20T13:51:38Z 2026-05-20T13:51:38Z Parenting despite a disability can be challenging, but it is not impossible. In fact, roughly 7% of parents in the United States have a disability, and that alone does not make you an unfit parent or negatively affect custody decisions. When it comes time to make decisions about parenting time and parenting rights, the courts focus on your ability to care for your child, maintain a safe environment and meet daily parenting responsibilities. 

It is all about the best interests of the children

If your custody case is disputed and the court must step in, the judge is legally bound to make decisions in the children's best interests. In general, the judge may consider anything they feel is relevant. Your disability is only relevant regarding how it affects your ability to be an effective parent, and many parents with disabilities successfully raise children every day. Receiving disability benefits does not automatically harm your custody case. The court also looks at:
  • Your ability to maintain a stable home
  • Medical treatment and ongoing care
  • Support systems from family or caregivers
  • Your involvement in the child’s education and activities
  • Whether the child’s emotional and physical needs are consistently met
Medical records, testimony and parenting history can all shape the court’s view. Judges usually try to balance the child’s best interests with the parent’s right to maintain a meaningful relationship with the child.  Every custody and divorce case is different, especially when a parent is living with a disability. If questions about benefits, parenting ability or financial support become part of the dispute, having a legal professional guide you may help you better understand your options and protect your role in your child’s life.]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[When can Indiana parents request makeup parenting time?]]> https://www.mbmock.com/?p=46931 2026-05-02T12:33:51Z 2026-05-02T12:33:51Z After issues outside of parental control The Indiana parenting guidelines recommend makeup parenting time when cancellations occur due to factors outside of a parent's control. Those factors could include illness, a child's extracurricular activities or even appointments scheduled by the other parent. As a general rule, any time one parent makes a choice that limits the other's time with the children, they should allow the parent denied that time to make up the same amount of time at a later date. In cases where one parent repeatedly cancels the other's time with the children and does not allow for makeup parenting time, the parents who missed time may need to go to court to seek enforcement of the custody order. They could also ask for a modification, given that their co-parent does not consistently uphold their right to see the children as scheduled. Makeup parenting time is often important for preserving a parent-child bond. Learning more about the rules that govern child custody in Indiana can help parents assert themselves and their rights accordingly.]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[Spousal maintenance vs. alimony: What Indiana allows]]> https://www.mbmock.com/?p=46930 2026-04-24T12:25:35Z 2026-04-24T12:25:35Z If you are facing divorce and worry about getting by on a single income, you are not alone. Many people in Indiana assume they can rely on "alimony" the way it is described in movies or other states — a regular payment from an ex-spouse to help cover living expenses. In reality, Indiana handles this differently and what the law actually allows may surprise you. 

Distinguishing between alimony and spousal maintenance

In Indiana, the law does not recognize "alimony" for ongoing support; it establishes "spousal maintenance" instead. This difference matters. Unlike other states that base alimony on lifestyle during the marriage, Indiana sees maintenance as a short-term bridge to help a spouse stand on their own, not a permanent right.

Identifying the statutory grounds for support

You cannot just ask for maintenance because of an income gap between you and your spouse. According to Indiana statutes, the court typically only grants final maintenance under three circumstances:
  1. Incapacity maintenance: This applies to spouses whose physical or mental condition prevents them from supporting themselves.
  2. Caregiver maintenance: This may be granted for spouses who must give up work to care for a child with a physical or mental incapacity.
  3. Rehabilitative maintenance: This is a temporary bridge, capped at three years, for spouses needing education or training to find suitable employment.
Getting maintenance in Indiana depends on showing clear proof that your situation fits one of these three categories.

Evaluating the limits of maintenance awards

While the three-year limit is a firm statutory ceiling for rehabilitative support, the court looks very closely at your situation. Under Indiana law, the judge looks at your education and how long a training program will take. Crucially, the "starting clock" for this support begins exactly on the date the court issues your divorce decree, with no room for extensions if training runs long.

Understanding the complexities of Indiana maintenance law

Because Indiana does not recognize general alimony, clear proof of health limits, childcare needs or lack of job skills must support any maintenance award. Knowing these rules helps you go into the process with realistic expectations.  ]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[What happens to life insurance policies in an Indiana divorce?]]> https://www.mbmock.com/?p=46929 2026-04-14T12:00:46Z 2026-04-14T12:00:46Z Divorce is a major financial transition that touches every part of your life, including protections you may not have thought about. Whether you have a whole-life policy with cash value or a term policy through work, understanding how Indiana law and federal rules govern these benefits can make a real difference in protecting what matters most to you.

Life insurance can be a marital asset

Under Indiana law, any asset acquired by either spouse before or during the marriage is considered marital property. If your policy has a "cash value" component, that value is generally subject to a "just and reasonable" division. While courts presume an equal split is fair, a 50/50 division is not guaranteed and may shift after considering:
  • Each spouse's economic circumstances
  • The conduct of the parties during the marriage
  • The earnings or earning ability of each person 

What happens to your beneficiary designation?

Many people assume a divorce decree typically revokes a former spouse’s rights to death benefits. While Indiana law states that a dissolution revokes a spouse's beneficiary status, there is a dangerous exception. If your policy is provided by an employer and governed by federal ERISA law, state revocation laws may not apply. Failing to update your beneficiary designation according to the plan's specific rules can result in your ex-spouse receiving the full payout, regardless of your divorce decree or state law.

When courts order life Insurance in a settlement

A court may order a parent to maintain a life insurance policy to secure child support or spousal maintenance. This ensures that if the paying parent dies, the children or former spouse are not left without financial support.

You have to update your policy yourself

Failing to address life insurance can lead to irrevocable financial loss. Parties should be aware of strict procedural deadlines, such as the 30-day window to file a Motion to Correct Error under Indiana Trial Rule, should a court improperly value or distribute a policy. Addressing these complex timelines with qualified legal counsel is essential to protecting a financial future.  ]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[How paternity affects child support and custody in Indiana]]> https://www.mbmock.com/?p=46928 2026-03-11T13:10:16Z 2026-03-11T13:10:16Z When a child is born to unmarried parents in Indiana, biology alone does not create legal rights or responsibilities. Paternity is the legal recognition of fatherhood. Without it, a court cannot address custody, parenting time or child support. Knowing how this works helps both parents protect their place in a child's life.

Two ways to establish paternity in Indiana

The simplest path is a Paternity Affidavit. Both parents can sign one at the hospital within 72 hours of the child's birth, or later at a local health department, as long as no father appears on the birth certificate. Either parent can also ask a court to make the determination. A judge may order DNA testing and issue a formal ruling once results come back. Once paternity is on record, a father gains the same standing as the mother to pursue custody or parenting time.

What paternity means for custody

Many parents find this part surprising. Signing a Paternity Affidavit does not give a father custody or parenting time. It only establishes legal fatherhood. To obtain enforceable custody or parenting time, a court order is required. Indiana law gives an unmarried mother sole legal custody of her child unless a court rules otherwise. After a court establishes paternity, either parent can seek custody and parenting time orders. Judges weigh each parent's relationship with the child, the child's adjustment to home and school and the child's own wishes. Courts give more weight to a child's preferences once the child reaches 14, but they may consider a younger child's wishes as well.

How paternity connects to child support

Child support obligations in Indiana depend on legal parentage. Without paternity, no court can issue a support order. Once a court confirms fatherhood, Indiana's child support guidelines set payment amounts based on both parents' incomes. Support typically runs until a child turns 19, though it may continue longer if the child is a full-time student at a postsecondary institution or is incapacitated.

Time limits for establishing paternity

Indiana generally requires paternity cases within two years of a child's birth, though exceptions exist. Waiting can make the process harder and leave both parents without the legal standing they need to pursue custody or support. Paternity is the legal foundation for everything that follows. Establishing it early gives both parents a clearer path to stable custody, parenting time and support arrangements that serve the child's interests.]]> On Behalf of Law Office of Mary Beth Mock <![CDATA[How do Indiana courts handle out-of-state property in a divorce?]]> https://www.mbmock.com/?p=46927 2026-03-11T08:40:08Z 2026-03-11T08:40:08Z Can Indiana courts handle out-of-state property? Indiana law treats most assets you get before or during marriage as marital property. It does not matter where the assets are located. Courts often aim for a "just and reasonable" division of this entire marital estate. This does not mean the property is split evenly, though courts often start with a 50/50 division as the default presumption. Courts only make changes if there is evidence to justify an unequal split. However, when it comes to handling out-of-state property, Indiana courts have authority over divorcing couples. They can order a spouse to sell or transfer property outside Indiana. Despite this, they do not have direct authority over real estate located in another state, limiting their control over such assets. Indiana courts cannot directly transfer property in another state, but they can order a spouse to sign papers or face court penalties. In practice, this allows the court to ensure the property division is carried out even when the property is beyond Indiana’s borders. Courts often accomplish this through contempt or monetary offsets if a transfer is impractical.

Handling out-of-state property with confidence

To handle out-of-state property, both spouses need to understand the rules and work together. Indiana courts include these assets when dividing property. With the right preparation, you can handle these issues with confidence. Understanding how Indiana family law works helps you protect your interests and move forward with a fair and well-structured resolution.]]>